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FUSELIER v. KANSAS CITY SOUTHERN RY. CO.

No. 06-CA-118.

940 So.2d 26 (2006)

Marie FUSELIER and George Fuselier v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, the State of Louisiana, Department of Transportation and Development and St. John the Baptist Parish.

Court of Appeal of Louisiana, Fifth Circuit.

August 29, 2006.

Attorney(s) appearing for the Case

Peter S. Koeppel, Laurence E. Best, Attorneys at Law, New Orleans, LA, for Plaintiff/Appellant.

Richard L. Edrington, Attorney at Law, Laplace, LA, for Defendant/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., CLARENCE E. McMANUS and JAMES C. GULOTTA, Pro Tempore.

CLARENCE E. McMANUS, Judge.

Plaintiffs, Marie Fuselier et al, appeal from a decision of the trial court granting exceptions of prescription filed by St. John the Baptist Parish. For the reasons that follow, we affirm the decision of the trial court.

On or about October 28, 2003, Marie Fuselier was driving her truck when she was hit by an oncoming train owned by Kansas City Southern Railway Company ("the Railway"). Suit was originally filed against the Railway...

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