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HARGROVE v. MISSOURI PACIFIC R. CO.

No. CA 2005-723.

925 So.2d 25 (2006)

Betty Jean HARGROVE, et al. v. MISSOURI PACIFIC RAILROAD CO., et al.

Court of Appeal of Louisiana, Third Circuit.

January 18, 2006.

Attorney(s) appearing for the Case

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

Sera Hearn Russell III, Lafayette, LA, for Appellee, Ricky Haley.

John Edmund McElligott, Jr., Davidson, Meaux, Sonnier & McElligott, Lafayette, LA, for Defendant/Appellee, Southern Pacific Transportation Co., Tommy Comeaux, Union Pacific Railroad Company, Missouri Pacific Railroad Co.

Thomas Joseph Solari, Woodley, Williams, Boudreau, Lake Charles, LA, for Defendant/Appellee, Progressive Security Insurance Co.

LaVon Denise Raymond, Bureau of Legal Services, Baton Rouge, LA, for Defendant/Appellee, State of Louisiana, Department of Health & Hospitals.

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

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, and GLENN B. GREMILLION, Judges.

SAUNDERS, Judge.

This litigation arises out of an accident wherein an automobile was struck by a train at a crossing in Jennings, Louisiana. Defendant, Union Pacific, argued that plaintiffs' claim for inadequate signage was preempted by federal law. The trial court ruled in defendant's favor finding that the requirements for preemption were established. Plaintiffs then appealed that judgment. We affirm the ruling of the trial...

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