ALBARADO v. UNION PACIFIC R.R. CO.

Nos. 2000-C-2540, 2000-C-2550, 2000-C-2555, 2000-C-2556, 2000-C-2560, and 2000-C-2578.

787 So.2d 431 (2001)

Thomas ALBARADO v. UNION PACIFIC RAILROAD COMPANY. Thomas Albarado, et al. v. Southern Pacific Transportation Company, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Granting Rehearing May 31, 2001.

Rehearing Denied June 11, 2001.


Attorney(s) appearing for the Case

William H. Howard, Mark C. Dodart, Alissa J. Allison, Neil C. Abramson, Phelps Dunbar, L.L.P., New Orleans, for Union Pacific Railroad Company.

Vincent J. Glorioso, Jr., Maria Glorioso, Vincent J. Glorioso, III, The Glorioso Law Firm, New Orleans, for Plaintiffs.

Roy J. Rodney, Jr., Charlotte G. Bordenave, Kimberly R. Wicker, Rodney, Bordenave, Boykin, Bennette & Boyle, New Orleans, for CSX Transportation, Inc.

Benjamin R. Slater, III, Mark E. Van Horn, Corey R. Cahn, Michael O. Waguespack, Slater Law Firm, New Orleans, for Alabama Great Southern Railroad Company and Norfolk Southern Railway Company.

Patrick A. Talley, Jr., Monique G. Morial, Carl E. Hellmers, III, Frilot, Partridge, Kohnke & Clements, New Orleans, for Kansas City Southern Railway Company, The Burlington Northern and Santa Fe Railway Company.

David S. Kelly, Lisa A. Easterling, Timothy F. Daniels, Nicole D. Martin, Lemle & Kelleher, L.L.P., New Orleans, Troy N. Bell, Aultman, Tyner, Ruffin & Yarborough, Ltd., New Orleans, for Canadian National/Illinois Central Railroad Company.

Court composed of Judge JOAN BERNARD ARMSTRONG, Judge CHARLES R. JONES and Judge DAVID S. GORBATY.


JONES, J.

Defendant-Relators seek this Court's supervisory jurisdiction regarding the October 24, 2000 judgment of the district court denying Defendants' Dilatory Exceptions of Improper Cumulation and Declinatory Exceptions of Improper Venue. After a review of the record, we grant in part and deny in part Relators' writ application.

FACTS

The original petition for damages was filed January 28, 1998 by thirteen plaintiffs who subsequently amended...

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