KENDRICK v. LOUISIANA AND NORTH WEST R. CO.

No. 33,810-CA.

766 So.2d 705 (2000)

James T. KENDRICK, et al., Plaintiffs-Appellees, v. The LOUISIANA AND NORTH WEST RAILROAD COMPANY, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

August 23, 2000.


Attorney(s) appearing for the Case

Wilkinson, Carmody & Gilliam by Arthur R. Carmody, Jr., Shreveport, Counsel for Appellants, The Louisiana and North West Railroad Company, Zack Kidd and California Union Insurance Company.

Weems, Schimpf, Hayter, Gilsoul & Carmouche (APLC) by Carey T. Schimpf, Kenneth P. Haines, Shreveport, William D. Hall, P.L.C., Counsel for Appellant, James T. Kendrick.

Mayer, Smith & Roberts by David F. Butterfield, Shreveport, Counsel for Economy Fire & Casualty Company, Intervenor/Defendant in Reconvention/Appellee, and James T. Kendrick in his Capacity as Defendant in Reconvention/Appellee.

Cook, Yancey, King & Galloway by John T. Kalmbach, Shreveport, Counsel for Aetna Casualty & Surety Company, Intervenor/Appellee.

Before NORRIS, C.J., and PEATROSS & DREW, JJ.


PEATROSS, J.

This appeal arises out of an automobile/train accident which occurred at a railroad crossing in rural Claiborne Parish. Plaintiff James T. Kendrick1 was driving a pickup truck, towing a goose neck trailer with a backhoe on it as he approached the crossing. He was unable to clear the tracks in time to avoid his trailer being struck by a Louisiana and Northwest Railroad Company ("LNW") train. Mr. Kendrick allegedly sustained...

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