Ducote v. Union Pacific R.

Full title: Quinn L. DUCOTE and Judy Ducote v. UNION PACIFIC RAILROAD COMPANY, et al

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Mar 25, 2009

4 So. 3d 247 (La. Ct. App. 2009)

Opinion

No. 08-1001.

February 4, 2009. Rehearing Denied March 25, 2009.

Appeal from the Ninth Judicial District Court Parish of Rapides, No. 218,842; Honorable F. Rae Donaldson Swent, District Judge.

James D. "Buddy" Caldwell, Attorney General, Baton Rouge, LA, Laurel I. White, Assistant Attorney General, Alexandria, LA, for: Defendant/Applicant — State of Louisiana, Thru The Department of Transportation and Development.

Elizabeth S. Hardy, Thomas Hardy, Lake Charles, LA, Jay Anthony Pucheu, Marksville, LA, for: Plaintiffs/Respondents — Quinn L. Ducote and Judy Ducote.

Steven Patrick Mansour, Alexandria, LA, for: Defendant/Respondent — Rapides Parish Police Jury.

Patricia Jackson Delpit, Louisiana Workers' Compensation, Baton Rouge, LA, for: Defendant/Respondent — Louisiana Workers' Compensation Corporation.

Kevin M. Dills, Davidson, Meaux, Sonnier McElligott, Lafayette, LA, for: Defendant/Respondent — Union Pacific Railroad Company.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, ELIZABETH A. PICKETT, and BILLY HOWARD EZELL, Judges.

THIBODEAUX, Chief Judge.

For the reasons discussed in the consolidated case of Ducote v. Union Pacific R.R. Co., 08-1208 (La.App. 3 Cir. 2/4/09), 4 So.3d 240, the DOTD's writ application is granted in part and denied in part. We grant the writ on the issue of motion to strike unauthenticated documents. The writ application requesting a summary judgment is denied, but we affirm the trial court's ruling recognizing and granting an exception of no cause of action in favor of the DOTD. We dismiss with prejudice the DOTD from this lawsuit. Costs are assessed to the defendant, Union Pacific Railroad Company.

WRIT GRANTED IN PART AND MADE PEREMPTORY; WRIT DENIED.