ELKINS v. BURLINGTON NORTHERN AND SANTA FE

No. 05-CA-343.

922 So.2d 1188 (2006)

Joanne R. ELKINS and Roger Lee Elkins v. BURLINGTON NORTHERN and SANTA FE RAILWAY COMPANY, et al.

Court of Appeal of Louisiana, Fifth Circuit.

January 17, 2006.


Attorney(s) appearing for the Case

Robert M. Becnel, Attorney at Law, Laplace, LA, Patrick F. Lee, Attorney at Law, New Orleans, LA, for Plaintiffs/Appellants.

John E. McElligott, Jr., Elena Arcos Pecoraro, L. Bianca Chretien, Davidson, Meaux, Sonnier & McElligott, Lafayette, LA, for Defendants/Appellees.

Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY, MARION F. EDWARDS, SUSAN M. CHEHARDY, and WALTER J. ROTHSCHILD.


MARION F. EDWARDS, Judge.

Plaintiff, Joanne Elkins, appeals from a trial court ruling that granted Summary Judgment in favor of defendant in this railroad crossing case. For the following reasons, the judgment of the trial court is reversed.

FACTS AND PROCEDURAL HISTORY

This case centers around an accident that took place on July 22, 1999 near Luling, Louisiana. On that date, plaintiff, JoAnne Elkins ("Elkins"), was in the process of crossing a set...

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