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MAGALLANES v. NORFOLK SOUTHERN RY. CO.

No. 2009-CA-0605.

23 So.3d 985 (2009)

Vincent MAGALLANES v. NORFOLK SOUTHERN RAILWAY COMPANY, Alabama Great Southern Railroad Company, Ronald Williams, Michael E. Robin and National Automotive Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

October 14, 2009.

Attorney(s) appearing for the Case

John J. Finckbeiner, Jr., New Orleans, LA, for Vincent Magallanes.

Benjamin R. Slater III, Thomas Louis Colletta, Jr., Lemle & Kelleher, L.L.P., New Orleans, LA, for the Alabama Great Southern Railroad Company.

(Court composed of Judge TERRI F. LOVE, Judge EDWIN A. LOMBARD, Judge PAUL A. BONIN).

PAUL A. BONIN, Judge.

Vincent Magallanes, a backseat passenger, sued Alabama Great Southern Railroad Company ("AGS") and its train's engineer for his injuries and damages arising from a collision between the train operated by AGS and the car in which he was riding.1 AGS initially moved for summary judgment, which was denied. AGS then filed a motion for new trial and, after a hearing on the motion, the trial court reversed itself and dismissed...

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