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BORDEN v. KANSAS CITY SOUTHERN RY. CO.

No. 39,291-CA.

895 So.2d 787 (2005)

Andrea BORDEN, Individually and as Natural Tutrix of Ashley Borden, Plaintiff-Appellant v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, Al Spivey and City of Rayville, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

March 4, 2005.

Attorney(s) appearing for the Case

Thomas & Hardy, by Elizabeth S. Hardy, Lake Charles, Cotton, Bolton, Hoychick & Doughty, John Hoychick, John Hoychick, Jr., Rayville, for Appellant.

Office of Attorney General by Charles C. Foti, Jr., Jerald Lee Perlman, William E. Crawford, Jr., for Defendant/Appellee, State, DOTD.

Wilkinson, Carmody & Gilliam by Arthur R. Carmody, Jr., for Defendants/Appellees, KCS Railway and Albert Spivey.

Nelson, Zenter, Sartor, et al., by Fred Williams Sartor, Jr., Monroe, for Defendant/Appellee LA Insurance Guaranty Assoc.

Nelson, Zenter, Sartor, et al., by Fred Williams Sartor, Jr., Monroe, Coenen & Coenen by William Robert Coenen, Rayville, for Defendant/Appellee, Town of Rayville.

Before CARAWAY, MOORE and LOLLEY, JJ.

CARAWAY, J.

Because of a railroad crossing accident in which the plaintiff's spouse was killed, plaintiff sued the railroad and the municipality which owned the street where the accident occurred. By an amendment to the petition, the Louisiana Department of Transportation and Development ("DOTD") was made a defendant because of its actions under the federal railway-highway crossings program for this "off-system" crossing. As the result of discovery disputes, the trial...

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