BROOKS v. UNION PACIFIC R.R. CO.

No. 2007-1427.

985 So.2d 864 (2008)

Faith BROOKS, et al. v. UNION PACIFIC RAILROAD COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 16, 2008.


Attorney(s) appearing for the Case

Kenneth Alan Goodwin, Attorney at Law, New Orleans, LA, L.J. Hymel, Michael Reese Davis, Tim P. Hartdegen, Hymel Davis & Petersen, L.L.C., Baton Rouge, LA, for Plaintiffs/Appellees, Mary Gordon, Faith Brooks and Paula Karam.

David A. Fraser, Fraser, Morris & Wheeler, L.L.P., Lake Charles, LA, for Secondary Defendant/Appellant, Union Pacific Railroad Company.

James L. Pate, Ben Mayeaux, Laborde & Neuner, Lafayette, LA, for Secondary Defendants/Appellants, Allen Parish Police Jury and Titan Indemnity Company.

Randall B. Keiser, Keiser Law Firm, P.L.C., Alexandria, LA, for Defendant/Appellant, City of Oakdale.

Court composed of SYLVIA R. COOKS, JOHN D. SAUNDERS, OSWALD A. DECUIR, MARC T. AMY, and MICHAEL G. SULLIVAN, Judges.


DECUIR, Judge.

In April 1995, a terrible rainstorm came upon the City of Oakdale and the outlying areas. Reports were that anywhere from ten to seventeen inches of rain fell in a twenty-four hour period. As a result, the area experienced massive flooding.

In April 1996, three purported class representatives filed a "Class Action Petition for Damages" against Union Pacific Railroad Company, Missouri Pacific Railroad Company, the State of Louisiana, the City...

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