Legal Opinion

Jarvis v. Mid-South Rail Corp.

Louisiana Court of Appeal

Decided August 24, 1998No. 30860-CAPublishedCited by 2 opinions

1Opinion of the Court

| iMARVIN, Chief Judge.

In this wrongful death action arising out of a railroad crossing accident, the widow and children of the decedent auto-driver appeal a summary judgment granted in favor of the Ouachita Parish Police Jury and a partial summary judgment granted in favor of Mid-*970South Railroad Corporation and its employees named as co-defendants.

On this record, we reverse these summary judgments and remand with leave being granted to the litigants to again seek summary judgments that are properly supported. La. C.C.P. arts. 966, 967.

FACTS

The accident occurred at U.S. DOT Crossing No.…

2Cases cited9 opinions

  1. CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
  2. McCoy v. Physicians & Surgeons Hosp., Inc.Louisiana Court of Appeal · 1984
  3. Hester v. CSX Transportation, Inc.Court of Appeals for the Fifth Circuit · 1995
  4. Brown v. AdolphLouisiana Court of Appeal · 1997
  5. Powers v. TuckerLouisiana Court of Appeal · 1997

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3Cited by2 opinions

  1. Shelter Ins. Co. v. Broan-Nutone, LLCLouisiana Court of Appeal · 2005
  2. Ghrigsby v. Kansas City Southern Ry. Co.Louisiana Court of Appeal · 2004

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