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HANDY EX REL. HANDY v. UNION PACIFIC R. CO.

No. 04-1277.

896 So.2d 316 (2005)

Christopher HANDY, through his legally qualified tutrix, Barbara HANDY and Jonathan Gay, Individually v. UNION PACIFIC RAILROAD COMPANY and Rodney J. Stutes, Jr.

Court of Appeal of Louisiana, Third Circuit.

March 2, 2005.

Attorney(s) appearing for the Case

Marcus A. Allen, Sr., Attorney at Law, Lafayette, Louisiana, for Plaintiffs/Appellants, Christopher Handy, Barbara Handy, Jonathan Gay.

Elena Arcos, Davidson, Meaux, Sonnier & McElligott, Lafayette, Louisiana, for Defendants/Appellees, Union Pacific Railroad Company, Rodney J. Stutes, Jr.

Court composed of MICHAEL G. SULLIVAN, GLENN B. GREMILLION, and J. DAVID PAINTER, Judges.

SULLIVAN, Judge.

Plaintiffs, Barbara Handy, as tutrix of her minor son, Christopher Handy, and Jonathan Gay, appeal the dismissal of their suit against Union Pacific Railroad Company and its engineer, Rodney J. Stutes, Jr., on summary judgment. For the following reasons, we find that summary judgment was appropriately granted only on the issue that Plaintiffs' state law excessive speed claims are preempted by federal law. Accordingly, the summary judgment is affirmed...

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