From Casetext: Smarter Legal Research

Sumner v. Canadian Nat'l Ry. Co.

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
May 8, 2013
NO. 2013 CW 0487 (La. Ct. App. May. 8, 2013)

Opinion

NO. 2013 CW 0487

05-08-2013

FAITH GOLDSMITH SUMNER, INDIVIDUALLY, AND ON BEHALF OF THE DECEDENT, TIMOTHY W. SUMNER, SR., AND AS NATURAL TUTRIX OF THEIR MINOR CHILDREN, DIANNE SUMNER, TIMOTHY W. SUMNER, JR., TREMAIN MAJOR SUMNER, TIMBERLY GOLDSMITH, MR. TRINITY SUMNER, SEVENTH LUV SUMNER, ZALYLA SUMNER AND BABY RENEE SUMNER v. CANADIAN NATIONAL RAILWAY COMPANY, ILLINOIS CENTRAL RAILROAD COMPANY, TOWN OF WALKER, LOUISIANA, LIVINGSTON ECONOMIC DEVELOPMENT COUNCIL, INC., LIVINGSTON PARISH COUNCIL AND THE STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT


In Re: Livingston Economic Development Council, Inc., applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 124,207.

BEFORE: PARRO, WELCH AND DRAKE, JJ.

WRIT DENIED. Genuine issues of material fact remain as to whether defendant Livingston Economic Development Council, Inc. owed a legal duty with respect to the location of the spur track and the cross buck sign located on the northwest side of the spur track. Accordingly, we hereby deny the writ application.

JEW

EGD

Parro, J., dissents. Because I would grant summary judgment in favor of defendant, Livingston Economic Development Council, Inc., and against the plaintiffs regarding the issue of causation in the companion writ application docketed as 2013 CW 0486, I would not consider this writ application. But for the failure to yield and/or stop by the decedent, Timothy Sumner, Sr., as statutorily mandated by La. R.S. 32:171(E), the accident could have been avoided. Thus, I conclude that the issue of duty as raised in this writ application is moot. COURT OF APPEAL, FIRST CIRCUIT ____________________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

Sumner v. Canadian Nat'l Ry. Co.

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
May 8, 2013
NO. 2013 CW 0487 (La. Ct. App. May. 8, 2013)
Case details for

Sumner v. Canadian Nat'l Ry. Co.

Case Details

Full title:FAITH GOLDSMITH SUMNER, INDIVIDUALLY, AND ON BEHALF OF THE DECEDENT…

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: May 8, 2013

Citations

NO. 2013 CW 0487 (La. Ct. App. May. 8, 2013)