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UNION PACIFIC R. CO. v. CEZAR

No. 09-08-00092-CV.

293 S.W.3d 800 (2009)

UNION PACIFIC RAILROAD COMPANY, Appellant, v. Derrick CEZAR, Individually and as Next Friend of Jasmine Cezar, Jarvis Ardoin, Lashasa Ardoin, and Lorenzo Ardoin, Appellee.

Court of Appeals of Texas, Beaumont.

Decided July 16, 2009.

Attorney(s) appearing for the Case

Douglas W. Poole, William R. Floyd, Michael Hughes, McLeod, Alexander, Powel & Apffel, Galveston, Charles G. Cole, Alice E. Loughran, Jill C. Maguire, Steptoe & Johnson LLP, Washington, D.C., Jon B. Burmeister, Moore Landry, Beaumont, for appellant.

Jason A. Itkin, Kurt B. Arnold, Jeff Seely, Arnold & Itkin, LLC, Russell S. Post, S. Douglas Pritchett, Jr., Beck, Redden & Secrest, L.L.P., Houston, for appellee.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.

OPINION

HOLLIS HORTON, Justice.

This appeal arises from a collision between a pickup and a train in Vinton, Louisiana. We reverse and remand with instructions to transfer the case to the District Clerk in Harris County, Texas.

Background Facts

On the afternoon of July 22, 2005, a Burlington Northern Santa Fe (BNSF) freight train traveling on Union Pacific Railroad's (UP's) right-of-way struck a pickup driven by Patsy Ardoin. Ardoin died...

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