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MOORE v. KANSAS CITY SOUTHERN R. CO.

Nos. 31,080-CA, 31,081-CA.

722 So.2d 296 (1998)

Shirley Purvis MOORE, Plaintiff-Appellee, v. KANSAS CITY SOUTHERN RAILROAD CO., et al., Defendant-Appellant. Joseph Richard Moore, Plaintiff-Appellee, v. Kansas City Southern Railroad Co., et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Dissenting Opinion October 30, 1998.

Writ Denied January 29, 1999.

Attorney(s) appearing for the Case

Joseph B. Stamey, Natchitoches, Counsel for State of Louisiana, DOTD.

Christopher L. Whittington, R. Michael McHale, Lake Charles, Donald G. Kelly, Natchitoches, Counsel for Shirley Purvis Moore.

Joseph Wm. Bailey, Logansport, Counsel for Joseph Richard Moore.

Before MARVIN, C.J., and NORRIS and CARAWAY, JJ.

Dissenting Opinion of Judge Caraway October 30, 1998.

NORRIS, Judge.

The State Department of Transportation and Development ("State") appeals a judgment finding that a railroad crossing posed an unreasonable risk of harm to motorists, and assessing the State with 70% fault for a collision between a train and a truck. The only issues on appeal are the finding of liability and the allocation of the State's comparative fault. Finding no manifest error, we affirm...

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