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RENFRO v. BURLINGTON NORTH. AND SANTA FE RR

No. CA 06-952.

945 So.2d 857 (2006)

Thalia RENFRO v. BURLINGTON NORTHERN AND SANTA FE RR, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 10, 2007.

Attorney(s) appearing for the Case

John Fayne Wilkes, III, Lisa Eve Mayer, Borne & Wilkes, L.L.P., Lafayette, LA, for Defendant/Appellee, Town of Vinton.

Lawrence N. Curtis, Attorney at Law, Lafayette, LA, for Plaintiff/Appellant, Thalia Renfro.

John Edmund McElligott, Jr., Kyle Gideon Davidson, Meaux, Sonnier & McElligott, Lafayette, LA, for Defendants/Appellees, Burlington Northern and Santa Fe Railroad Union Pacific Railroad Company.

Ted David Hernandez, Assistant Attorney General, Lafayette, LA, for Defendant/Appellee, State of Louisiana through the Department of Transportation and Development.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS, and BILLY HOWARD EZELL, Judges.

EZELL, Judge.

This appeal involves a summary judgment in favor of the Louisiana Department of Transportation and Development (DOTD) in a suit involving an accident at a railroad crossing in Vinton in which Mallory Young was killed. The trial court also granted the DOTD's motion to withdraw exhibits pursuant to 23 U.S.C.A. § 409 filed in conjunction with a different motion for summary judgment.

FACTS

On November 4, 2001, Ms. Young was killed...

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