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LASYONE v. KANSAS CITY SOUTHERN RAILROAD

No. 1999 CA 0735R.

809 So.2d 344 (2001)

Terry L. LASYONE v. KANSAS CITY SOUTHERN RAILROAD, State of Louisiana Through DOTD and the Parish of Pointe Coupee Through Its Governing Authority, the Police Jury of Pointe Coupee Parish

Court of Appeal of Louisiana, First Circuit.

Writ Denied March 15, 2002.

Attorney(s) appearing for the Case

Craig S. Watson, Walter Landry Smith, Baton Rouge, for Plaintiff-Appellee Terry L. Lasyone.

Robert C. Funderburk, Jr., Arthur H. Andrews, Baton Rouge, for Defendant-Appellant DOTD.

Bobby S. Gilliam, Shreveport, for Defendant-Appellant Kansas City Southern Railway Company.

Kenneth W. Benson, Baton Rouge, for Intervenor-Appellee Liberty Mutual Insurance Company.

Before: CARTER, C.J., PETTIGREW, and DOWNING, JJ.

PETTIGREW, Judge.

This case is before us on remand from the Louisiana Supreme Court. We had previously considered this appeal and rendered judgment on June 23, 2000, reversing the trial court's finding that a guardrail installed by the Louisiana Department of Transportation and Development ("DOTD") at a train crossing on Louisiana Highway 1 posed an unreasonable risk of harm to the plaintiff, Terry Lasyone. The trial court imposed 50 percent of the fault for this...

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