DAVIS v. CANADIAN NAT. RY.

No. 13-CA-198.

124 So.3d 585 (2013)

Donald DAVIS, Individually and on Behalf of his Deceased Mother, Cynthia Tuckson v. CANADIAN NATIONAL RAILWAY, City of Kenner, State of Louisiana Through the Department of Transportation and Development, Denver F. Dickens, and Chad Bishop.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied November 21, 2013.


Attorney(s) appearing for the Case

Harry E. Forst , Attorney at Law, New Orleans, Louisiana, for Plaintiff/Appellant, Donald Davis, Individually and on Behalf of his Deceased Mother, Cynthia Tuckson.

David S. Kelly , Bradley R. Belsome , Crystal E. Domreis , Attorneys at Law, New Orleans, Louisiana, for Defendants/Appellees, Illinois Central Railroad Company, Denver F. Dickens and Chad Bishop.

Francine Weaker , Leigh H. Roussel , Attorneys at Law, Kenner, Louisiana, for Defendant/Appellee, The City of Kenner.

Panel composed of Judges SUSAN M. CHEHARDY, JUDE G. GRAVOIS, and ROBERT M. MURPHY.


SUSAN M. CHEHARDY, Chief Judge.

This suit involves a railroad grade crossing accident in which a pedestrian was killed. The plaintiff appeals a judgment that granted motions for summary judgment in favor of two defendants. We reverse and remand.

FACTS

On July 25, 2009, Cynthia Tuckson, who was deaf, was killed by a train while walking across the railroad tracks at Taylor Street in Kenner. Her son, Donald Davis, filed suit against Illinois Central...

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