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WHITEHEAD v. KANSAS CITY SOUTHERN RY. CO.

No. 99-896.

758 So.2d 211 (1999)

Kathy Gates WHITEHEAD v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied April 7, 2000.

Attorney(s) appearing for the Case

Henry H. Lemoine, Jr., Pineville, for Kathy Gates Whitehead.

Arthur R. Carmody, Jr., Shreveport, for Kansas City Southern Railway Co., et al.

Brian Mosley, Pineville, for Grant Parish Police Jury.

Allan Dale Smith, Colfax, Elizabeth Sheridan Hardy, Lake Charles, for Shelly Ferguson Moris.

Court composed of Judge HENRY L. YELVERTON, Judge ULYSSES GENE THIBODEAUX and Judge MICHAEL G. SULLIVAN.

THIBODEAUX, Judge.

Douglas Whitehead was killed in a collision between the eighteen wheel tractor-trailer he was driving and a Kansas City Southern Railway Company (hereinafter "KCS") train. Three lawsuits were filed as a result of the accident, alleging that KCS negligently caused the accident and injuries. After one suit was settled, the jury apportioned seventy percent of the fault to KCS and thirty percent to Mr. Whitehead. After making the appropriate deductions...

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