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GHRIGSBY v. KANSAS CITY SOUTHERN RY. CO.

No. 38,988-CA.

888 So.2d 961 (2004)

Herman GHRIGSBY, Individually and on Behalf of his Deceased Wife, Vicky Lynn Ghrigsby, Plaintiff-Appellant, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, State of Louisiana Department of Transportation and Development, Parish of Richland, City of Delhi, Charles E. Hamilton and Bernard L. Powell, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

October 29, 2004.

Attorney(s) appearing for the Case

Neblett, Beard & Arsenault by Gary J. Arsenault, for Appellant.

Charles C. Foti, Jr., Attorney General, Robert L. Bussey, Assistant Attorney General, for Appellee State of Louisiana, DOTD.

Wilkinson, Carmody & Gilliam, by Arthur R. Carmody, Jr., Shreveport, William R. Coenen, Jr., Rayville, for Appellee Kansas City Southern Railway Co., Charles E. Hamilton and Bernard L. Powell.

Hudson, Potts & Bernstein, by W. Craig Henry, Monroe, for Appellee City of Delhi.

Before STEWART, CARAWAY and MOORE, JJ.

STEWART, J.

This is a wrongful death action stemming from a railroad crossing collision which resulted in the death of Vicky Lynn Ghrigsby. The husband of the deceased and plaintiff herein, Herman Ghrigsby, appeals the dismissal of his claims against the State of Louisiana, through the Department of Transportation and Development ("DOTD") by summary judgment. We find that DOTD's properly supported motion for summary judgment clearly establishes that the plaintiff...

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