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SMITH v. KANSAS CITY SOUTHERN RY. CO.

No. 02-1505.

846 So.2d 980 (2003)

Richard SMITH v. KANSAS CITY SOUTHERN RAILWAY COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

May 28, 2003.

Attorney(s) appearing for the Case

Michael K. Cox, Cox, Cox, Filo & Camel, Lake Charles, LA, for Plaintiff/Appellant/Appellee, Richard Smith.

Richard E. Gerard, Jr., Scofield, Gerard, Veron, Singletary & Pohorelsky, Lake Charles, LA, for Defendants/Appellees/Appellants, Kansas City Southern Railway Company, David A. Watkins.

Andrew P. Texada, Stafford, Stewart & Potter, Alexandria, LA, for Intervenor/Appellant, Government Employees Insurance Company.

Court composed of SYLVIA R. COOKS, MARC T. AMY, and MICHAEL G. SULLIVAN, Judges.

SULLIVAN, Judge.

Richard Smith's wife, Beth, died in a train/automobile accident. After a jury trial, Mr. Smith's claims against Kansas City Southern Railway Company (KCS), owner of the railroad and the locomotive engine involved in the accident, were dismissed. Mr. Smith, KCS, and Government Employees Insurance Company (GEICO), Mr. Smith's automobile insurance carrier, intervenor, appeal. For the following reasons, we affirm in part and reverse in part the judgment...

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