Christopher Handy v. Union Pacific Railroad Company

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CW 04-1341 consolidated with 04-1277

CHRISTOPHER HANDY, through his legally qualified tutrix, BARBARA HANDY and JONATHAN GAY, Individually VERSUS UNION PACIFIC RAILROAD COMPANY and RODNEY J. STUTES, JR.

************ APPEAL FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT, PARISH OF ST. LANDRY, NO. 02-1045 HONORABLE DONALD W. HEBERT, DISTRICT JUDGE ************ MICHAEL G. SULLIVAN JUDGE ************ Court composed of Michael G. Sullivan, Glenn B. Gremillion, and J. David Painter, Judges.

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

Marcus A. Allen, Sr. Attorney at Law Garfield Street Lafayette, Louisiana 70501 (337) 289-1762 Counsel for Plaintiffs/Appellants: Christopher Handy Barbara Handy Jonathan Gay Elena Arcos Davidson, Meaux, Sonnier & McElligott Post Office Box 2908 Lafayette, Louisiana 70502-2908 (337) 237-1660 Counsel for Defendants/Appellees: Union Pacific Railroad Company Rodney J. Stutes, Jr. SULLIVAN, Judge.

For the reasons assigned in Christopher Handy, et al. v. Union Pacific Railroad Company, 04-1277 (La.App. 3 Cir. __/__/05), ___ So.2d ___, 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.