Legal Opinion

Davis v. Canadian National Railway

Louisiana Court of Appeal

Decided October 30, 2013No. 13-CA-198Published

1Opinion of the Court

SUSAN M. CHEHARDY, Chief Judge.

12This 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 Railroad Company (IC), the City of Kenner, and others.1 The plaintiffs contentions are that the Taylor Street crossing was unreasonably dangerous and…

2Cases cited4 opinions

  1. Samaha v. RauSupreme Court of Louisiana · 2008
  2. Greater Lafourche Port Commission v. James Construction Group, L.L.C.Louisiana Court of Appeal · 2012
  3. Long v. STATE EX REL. DOTDSupreme Court of Louisiana · 2005
  4. Duperclay v. Illinois Central RailroadLouisiana Court of Appeal · 2004

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