Louisiana Court of Appeal, 2005

Handy ex rel. Handy v. Union Pacific Railroad

Handy ex rel. Handy v. Union Pacific Railroad
Louisiana Court of Appeal · Decided March 2, 2005 · Gremillion, Painter, Sullivan
896 So. 2d 322; 4 La.App. 3 Cir. 1341; 2005 La. App. LEXIS 513; 2005 WL 477722 (Southern Reporter, Second Series)

Handy ex rel. Handy v. Union Pacific Railroad

Opinion of the Court

SULLIVAN, Judge.

For the reasons assigned in Christopher Handy, et al. v. Union Pacific Railroad Company, 04-1277 (La.App. 3 Gir. 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.

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