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SMART v. KANSAS CITY SOUTHERN R.R.

No. 36,404-CA.

830 So.2d 581 (2002)

Charles L. SMART, Plaintiff-Appellant v. The KANSAS CITY SOUTHERN RAILROAD, et al., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

November 6, 2002.

Attorney(s) appearing for the Case

Richard L. Fewell, Jr., West Monroe, for Appellant.

Wilkinson, Carmody & Gilliam, by Arthur R. Carmody, Jr., Shreveport, for Appellee.

Before GASKINS, KOSTELKA and DREW, JJ.

GASKINS, J.

This case arises from an auto/train collision in which the plaintiff car driver, Charles L. Smart, was seriously injured. The plaintiff appeals from a trial court judgment which found in favor of the defendant, Kansas City Southern Railway Company (KCS). For the reasons set forth below, we affirm.

FACTS

On June 23, 1998, the 68-year-old plaintiff was traveling north in his 1991 Geo Prizm when he collided with an eastbound KCS train at...

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