CART v. MISSOURI PACIFIC R.R. CO.

No. 99-1118.

752 So.2d 241 (1999)

Frederick D. CART, Craig A. Cart, Jody Cart Boone, Kay F. Cart, and Frederick D. Cart as Natural Tutor of Erin E. Cart, Ashley Cart and Meagan M. Cart v. MISSOURI PACIFIC RAILROAD COMPANY d/b/a Union Pacific Railroad Company and Southern Pacific Transportation Company.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 13, 2000.

Writ Denied April 7, 2000.


Attorney(s) appearing for the Case

Elizabeth Sheridan Hardy, Lake Charles, LA, Clint D. Bischoff, Eunice, LA, for Frederick D. Cart, et al.

John Edmund McElligott, Jr., Lafayette, LA, for Missouri Pacific Railroad, et al.


DOUCET, Chief Judge.

The Plaintiffs appeal the trial court's action on a variety of motions including the grant of the Defendants'"Motion for Partial Summary Judgment and Motion in Limine Regarding Speed and Track Conditions." The trial court found that certain issues were preempted by federal law.

This suit arises out of an accident at a railroad crossing. Phyllis Cart was killed when the vehicle she was driving was hit by a train at a grade crossing. Her...

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