Legal Opinion

Union Pacific Railroad v. Cezar

Texas Court of Appeals, 9th District (Beaumont)

Decided July 16, 2009No. 09-08-00092-CVPublishedCited by 6 opinions

1Opinion of the Court

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 at the scene. Ardoin’s daughter, Jasmine, was a passenger in the pickup; she received spinal cord injuries resulting in paraplegia.

The collision occurred at the…

2Cases cited29 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Dow Chemical Co. v. FrancisTexas Supreme Court · 2001
  3. Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
  4. CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
  5. Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984

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3Cited by6 opinions

  1. Indiana Rail Road v. DavidsonIndiana Court of Appeals · 2012
  2. Indiana Rail Road Company v. John Blaine Davidson, Admin. of the Estate of Carolyn Davidson, and Tonya Kincaid, as Mother and Next Friend of Cierra Kincaid, a MinorIndiana Court of Appeals · 2012
  3. JJ&A Partnership Rental, LP and James M. Fulton Jr. v. J&D Partners, LTD., Cheryl Huelsman, and James M. Fulton Sr., Texas Court of Appeals, 9th District (Beaumont)2025
  4. Marquis Construction Services, LLC v. Jesus Torres, Texas Court of Appeals, 13th District2026
  5. Nutt v. Union Pac. R.R. Co.Court of Appeals of Wisconsin · 2019

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