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 Su VS 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
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT FAITH GOLDSMITH INDIVIDUALLY OF THE AND ON DECEDENT SUMNER TUTRIX SR OF AND AS W TREMAIN MAJOR TIMBERLY CW 0486 W JRAL NAT MINOR DIANNE TIMOTHY 2013 BEHALF TIMOTHY THEIR CHILDREN N0 SUMNER SUMNER SUMNER JR SUMNER GOLDSMITH MR TRINITY SUMNER SUMNER ZALYLA SUMNER AND BABY RENEE SEVENTH LUV SUMNER VERSUS CANADIAN NATIONAL RAILWAY COMPANY ILLINOIS CENTRAL RAILROAD COMPANY WALKER LOUISIANA ECONOMIC INC TOWN LIVINGSTON DEVELOPMENT LIVINGSTON COUNCIL THE COONCIL PARISH AND THE THROUGH STATE OF DEPARTMENT TRANSPORTATION OF AND LOUISIANA OF DEVELOPMENT YOO Economic Council Inc Development Livingston 21st Judicial for writs applying supervisory Parish of No District Court Livingston In Re 207 124 BEFORE PARRO WRIT CH WEI AND DRAKE Genuine DENIED JJ issues as to causation and the location the Livingston Parish Industrial of in grant summary judgment of material fact remain of the entrance sign to Park that preclude the favor Livingston Economic Development Council of the defendant Inc JEW EGD Parro Revised Louisiana railroad dissents J grade driver provided of would E 171 32 Statute crossing the signs and a with vehicle grant the writ At provides any railroad cross buck shall in obedience to the railroad cross buck sign yield the right and way of slow down to a speed reasonable for the existing conditions and shall stop if required for safety at a clearly marked stopped line or if no line within fifty feet but not less than fifteen feet from the nearest rail of the railroad and so safely proceed Moreover the statute states If a driver is involved in a collision at a railroad crossing or interferes with the movement of a train after driving past the railroad cross buck sign the collision or interference is prima facie evidence of the driver failure to yield the right of s sha11 way not until he or she can do STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2013 PAGE In this failed to 0486 2 the case Sr Sumner Timothy the to clear attempting have CW i present shows that eyewitness testimony slowed before never or stopped railroad any crossing evidence that The plaintiffs Sumner yielded to the right and looked for oncoming trains before way of railroad the the tracks Moreover expert crossing testimony of defense expert Michael S Gillen shows that the accident could have been avoided if only Sumner had stopped and observed between fifteen and fifty feet of the nearest rail evidence or to to show of rebut that issues main the 1ine In the presumption under s Sumner view of material was the absence La obscured fact S R of any E 171 32 there are no causation genuine Accordingly I would grant the writ application and render summary judgment in favor of defendant Livingston Economic Development Council Inc and against the plaintiffs as to causation COURT OF APPEAL EPUTY CLERK FOR THE FIRST OF CIRCUIT COURT COURT as to
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