DUNCAN v. KANSAS CITY SOUTHERN RY. CO.

No. 99-232.

747 So.2d 656 (1999)

Bobby DUNCAN, et al., Plaintiffs— Appellants/Appellees, v. KANSAS CITY SOUTHERN RAILWAY CO., et al., Defendants—Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 8, 1999.


Attorney(s) appearing for the Case

James J. Cox, Michael K. Cox, Lake Charles, for Bobby Duncan, Indiv. etc., et al.

Richard E. Gerard, Jr., Lake Charles, for Kansas City Southern Ry. Co., et al.

Lawrence Alan Mann, Donald Edward McKay, Jr., New Orleans, for Midwest Mutual Ins. Co.

James Buckner Doyle, Lake Charles, for Preferred Risk & Bible Baptist.

H.O. Lestage, III, De Ridder, for State Farm Ins. & Lloyd Mitchell.

Ronald J. Fiorenza, Alexandria, for Beauregard Parish Police Jury & Titan Indemnity.

LaVon Denise Raymond, Baton Rouge, for State of La., Dept. of Health & Hosp.

Byrlyne Van Dyke, for Lloyd Mitchell, Estate of.

Before DECUIR, AMY and PICKETT, Judges.


AMY, Judge.

A train and a church van collided resulting in the death of one passenger in the van and injury to the remaining two passengers. The parents of the three passengers, sisters, brought suit against the train company, the parish, the church and its insurers, as well as the driver and his insurer. Following a bifurcated trial in which a verdict was returned in favor of the plaintiffs, fault was apportioned between the railroad and the driver. The railroad...

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