Handy v. Un. Pac. Railway

Full title: Christopher HANDY, through his legally qualified tutrix, Barbara HANDY and…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Mar 2, 2005

896 So. 2d 322 (La. Ct. App. 2005)

Opinion

No. 04-1341.

March 2, 2005.

Appeal from the Twenty-Seventh Judicial District Court, Parish of St. Landry, No. 02-1045, Honorable Donald W. Hebert, District Judge.

Marcus A. Allen, Sr., Attorney at Law, Lafayette, LA, for Plaintiffs/Appellants, Christopher Handy, Barbara Handy, Jonathan Gay.

Elena Arcos, Davidson, Meaux, Sonnier McElligott, Lafayette, LA, for Defendants/Appellees, Union Pacific Railroad Company, Rodney J. Stutes, Jr.

Court composed of MICHAEL G. SULLIVAN, GLENN B. GREMILLION, and J. DAVID PAINTER, Judges.

SULLIVAN, Judge.

For the reasons assigned in Christopher Handy, et al. v. Union Pacific Railroad Company, 04-1277 (La.App. 3 Cir. 3/2/05), 896 So.2d 316, Plaintiffs' writ application on the issue of improper service is denied. The summary judgment granted by the trial court is affirmed only as to the issue of federal preemption of state law excessive speed claims, and is reversed as to all other issues. The case is remanded for further proceedings consistent with this opinion.

WRIT DENIED; SUMMARY JUDGMENT AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.