HARGROVE v. MISSOURI PACIFIC R. CO.

No. 03-818.

861 So.2d 903 (2003)

Betty Jean HARGROVE, individually and as Natural Tutrix of Jessica Banks v. MISSOURI PACIFIC RAILROAD CO., et al.

Court of Appeal of Louisiana, Third Circuit.

December 17, 2003.


Attorney(s) appearing for the Case

Elizabeth Sheridan Hardy, Thomas & Hardy, Lake Charles, LA, for Plaintiff/Appellant, Betty Jean Hargrove.

Sera Hearn Russell, III, Lafayette, LA, for Appellee, Ricky Haley.

John Edmund McElligott, Jr., Davidson, Meaux, Sonnier & McElligott, Lafayette, LA, for Defendants/Appellees, Southern Pacific Transportation Company, Tommy Comeaux, Union Pacific Railroad Company, Missouri Pacific Railroad Company, and Tommy Comeaux.

Thomas Joseph Solari, Woodley, Williams, Boudreau, Norman, Brown & Doyle, Lake Charles, LA, for Defendant/Appellee, Progressive Security Insurance Company.

LaVon Denise Raymond, Bureau of Legal Services, Baton Rouge, LA, for Defendant/Appellee, State of Louisiana, Department of Health & Hospitals.

Thomas E. Townsley, Lake Charles, LA, for Plaintiff/Appellant, Betty Jean Hargrove.

Court composed of ULYSSES GENE THIBODEAUX, OSWALD A. DECUIR, and JIMMIE C. PETERS, Judges.


THIBODEAUX, Judge.

This appeal arises out of an automobile/train accident which occurred at the intersection of Cary Avenue and Union Pacific Railroad Company's (Union Pacific) mainline track in Jennings, Louisiana. On September 26, 1996, a vehicle operated by Ricky J. Haley (Haley), collided with a Union Pacific train. Betty Jean Hargrove, individually and as natural tutrix of Jessica Banks, who were passengers in the Haley...

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