Bardfield v. New Orleans Public Belt Railroad

SCHOTT, Judge.

When this case was previously before us we affirmed the trial court’s dismissal of plaintiffs’ claims, 363 So.2d 1297 (La.App. 4th Cir. 1978), but the Supreme Court has reversed our decision to the extent that we affirmed the dismissal of the suits against New Orleans Public Railroad, 371 So.2d 783 (1979). The Court remanded the case to us to award plaintiffs their damages.

Bardfield testified as follows: In the August 22, 1969, accident he struck the top of his head and immediately thought that his neck was broken. Helped out of the automobile, he could not move his neck and…