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HARGROVE v. MISSOURI PACIFIC R.R. CO.

No. 04-764.

888 So.2d 1111 (2004)

Betty Jean HARGROVE, Individually and as Natural Tutrix of Jessica Banks v. MISSOURI PACIFIC RAILROAD COMPANY d/b/a Union Pacific Railroad Company, Southern Pacific Transportation Company, and Tommy Comeaux.

Court of Appeal of Louisiana, Third Circuit.

December 1, 2004.

Attorney(s) appearing for the Case

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

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

J.E. McElligott, Jr., Heather K. Walker, Davidson, Meaux, Sonnier & McElligott, Lafayette, LA, for Defendants/Appellees, Southern Pacific Transportation Company, Tommy Comeaux, Union Pacific Railroad Company, Missouri Pacific Railroad Co.

Court composed of JIMMIE C. PETERS, MICHAEL G. SULLIVAN, and JOHN B. SCOFIELD, Judges.

SULLIVAN, Judge.

Plaintiffs appeal the trial court's ruling on summary judgment that their state law claims of negligence based upon excessive train speed are preempted by federal law. For the following reasons, we affirm.

Factual Background

On September 26, 1996, a vehicle operated by Richard Haley collided with a Union Pacific Railroad Company (Union Pacific) train at the Cary Avenue crossing in Jennings, Louisiana. Betty Jean Hargrove, a passenger...

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