BADER v. KANSAS CITY SOUTHERN RWY. CO.

No. 36,536-CA.

834 So.2d 1 (2002)

Lina BADER, et al., Plaintiff-Appellant, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, et al., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

December 20, 2002.


Attorney(s) appearing for the Case

J. Patrick Hennessy, Shreveport, Patrick A. Stegall, for Appellant.

Arthur R. Carmody, Jr., Shreveport, for Appellee, Kansas City Southern Railway Company and William C. Swaty.

Kenneth Mascagni, James R. Sterritt, Shreveport, for Appellee, City of Bossier City.

Louisiana Department of Justice, by James R. Dawson, Assistant Attorney General, for Appellee, State of Louisiana, through Department of Transportation and Development.

Before WILLIAMS, KOSTELKA and HARRISON (Pro Tempore), JJ.


WILLIAMS, Judge.

The plaintiffs, Lina Bader and Munir Bader, individually and as administrator and tutor of the minor children, Amal Bader, Bader Bader, Dana Bader and Eman Bader, appeal a judgment granting summary judgment in favor of the defendant, State of Louisiana Department of Transportation and Development ("DOTD"). The district court found that the State had not assumed any duty to maintain the rail crossing where the accident occurred. For the following reasons...

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