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PLANK v. TOWN OF RAYVILLE

No. 33,476-CA.

764 So.2d 1194 (2000)

James E. PLANK and Becky Plank Marable, Plaintiffs-Appellants, v. TOWN OF RAYVILLE, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

June 21, 2000.

Attorney(s) appearing for the Case

Nelson, Hammons & Self by Sydney B. Nelson, Shreveport, Counsel for Appellants.

Law Offices of William R. Coenen, APLC by William R. Coenen, Jr., Dawn Hendrix Mims, Rayville, Counsel for Appellee.

Before BROWN, WILLIAMS & PEATROSS, JJ.

PEATROSS, J.

This appeal arises out of a fatal train accident which occurred at a railroad crossing in Rayville, Louisiana. Plaintiffs, James E. Plank and Becky Plank Marable, are the adult children of the decedent, Marie Plank, who was killed when a train struck the rear portion of her car while she was stopped at a traffic light on a street intersecting the railroad tracks. Plaintiffs filed this wrongful death suit against the Town of Rayville ("Rayville"). After...

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