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 N0 SUMNER INDIVIDUALLY AND ON THE 2013 CW 0487 TIMOTHY W DECEDENT SUMNER SR TUTRIX OF DIANNE AND AS THEIR SUMNER BEHALF OF NATURAL MINOR CHILDREN TIMOTHY W SUMNER JR SUMNER TIMBERLY GOLDSMITH TRINITY SOMNER SUMNER ZALYLA SUMNER AND BABY RENEE TREMAIN MAJOR MR SEVENTH LW SUMNER VERSUS CANADIAN NATIONAL TOWV OF WALKER ECONOMIC INC RAILWAY COMPANY RAILROAD ILLINOIS CENTRAL COMPANY LOUISIANA DEVELOPMENT LIVINGSTON COUNCIL LIVINGSTON PARISH COUNCIL AND THE STATE OF LOUISIANA THE DEPARTMENT AND THROOGH TRANSPORTATION DEVELOPMENT OF Q 8 2013 Economic Livingston In Re for applying District writs supervisory Parish Court Council Inc Judicial 21st Development of No Livingston 207 124 PARRO BEFORE WRIT to as WELCH AND DRAKE Council the issues owed Inc of material Livingston defendant location of the on Genuine DENIED whether Economic legal a JJ with duty fact Development respect spur track and the cross buck sign northwest side of the spur remain the to located Accordingly track we hereby deny the writ application JEW EGD Parro J in judgment Development Because dissents favor of Council I would grant Livingston the against plaintiffs defendant and Inc summary Economic regarding the issue of causation in the companion writ application docketed as 2013 CW 0486 I would not consider this writ stop by mandated application the by decedent La S R But for the failure to Timothy Sumner E 171 32 the Sr Thus I conclude that the raised in this writ application is moot been avoided COURT OF APPEAL FIRST CIRCUIT EPUTY CLERK OF COURT FOR THE COURT as accident issue yield and or statutorily could of have duty as
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