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HOLLOWAY v. KANSAS CITY SOUTHERN RY. CO.

Nos. 43,318-CW, 43,319-CW.

988 So.2d 854 (2008)

D. Brennan HOLLOWAY, Plaintiff v. KANSAS CITY SOUTHERN RAILWAY COMPANY, et al., Defendants. David Holloway and Susan Holloway, Plaintiffs v. Kansas City Southern Railway Company, et al., Defendants.

Court of Appeal of Louisiana, Second Circuit.

August 13, 2008.

Attorney(s) appearing for the Case

James D. "Buddy" Caldwell, Attorney General, Laurel I. White, James Calhoun, Louisiana Department of Justice, for Defendant-Applicants, Dept. of Transportation & Development.

Patrick A. Talley, Jr., Carl E. Hellmers, III, Louis M. Grossman, Arthur R. Carmody, Jr., Bobby S. Gilliam, Misty Futrell, for Defendants-Respondents, Kansas City Southern Railway Company.

Elizabeth S. Hardy, Pat Barrett, Chuck Trascher, for Plaintiffs-Respondents, D. Brennan Holloway, David Holloway, and Susan Holloway.

Eugene J. Sues, Brandon A. Sues, for Defendant-Respondent, Madison Parish Police Jury.

Before BROWN, GASKINS and CARAWAY, JJ.

CARAWAY, J.

After a fatality and injuries in a collision at a railroad crossing, the State of Louisiana, through the Department of Transportation and Development ("DOTD"), was sued along with the two owners of the roadway and rail line. Plaintiffs alleged that DOTD had assumed duties regarding the crossing and was responsible in tort with the owners for the unreasonably dangerous condition of the crossing. DOTD filed a motion for summary judgment with evidence indicating...

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