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