Legal Opinion
Holloway v. Kansas City Southern Railway Co.
Louisiana Court of Appeal
Decided August 13, 2008No. Nos. 43,318-CW, 43,319-CWPublishedCited by 3 opinions
1Opinion of the CourtCaraway, J.
|!After a fatality and injuries in a collision at a railroad crossing, the State of Louisiana, through the Department of Transportation and Development (“DOTD”), was sued along with the two owners of the roadway and rail line. Plaintiffs alleged that DOTD had assumed duties regarding the crossing and was responsible in tort with the owners for the unreasonably dangerous condition of the crossing. DOTD filed a motion for summary judgment with evidence indicating that DOTD’s only involvement with the off-system railroad crossing was for compliance with federal railroad safety legislation and…
2Cases cited13 opinions
- Hardy v. BowieSupreme Court of Louisiana · 1999
- Pierce County v. GuillenSupreme Court of the United States · 2003
- Rick v. STATE, DOTDSupreme Court of Louisiana · 1994
- Hebert v. Rapides Parish Police JurySupreme Court of Louisiana · 2008
- Power Marketing Direct, Inc. v. FosterSupreme Court of Louisiana · 2006
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3Cited by3 opinions
- Michael Ryder v. Union Pacific Railroad ComCourt of Appeals for the Fifth Circuit · 2019
- Fletcher v. Wendelta, Inc.Louisiana Court of Appeal · 2009
- Holland v. TeagueLouisiana Court of Appeal · 2008