QUINN L. DUCOTE AND JUDY DUCOTE VERSUS UNION PACIFIC RAILROAD COMPANY, ET AL.

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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 08-1001 consolidated with 08-1208 QUINN L. DUCOTE AND JUDY DUCOTE VERSUS UNION PACIFIC RAILROAD COMPANY, ET AL. ********** APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 218,842 HONORABLE F. RAE DONALDSON SWENT, DISTRICT JUDGE ********** ULYSSES GENE THIBODEAUX CHIEF JUDGE ********** Court composed of Ulysses Gene Thibodeaux, Chief Judge, Elizabeth A. Pickett, and Billy Howard Ezell, Judges. WRIT GRANTED IN PART AND MADE PEREMPTORY; WRIT DENIED. James D. Buddy Caldwell Attorney General P. O. Box 94005 Baton Rouge, LA 70804-9005 COUNSEL FOR: Defendant/Applicant - State of Louisiana, Thru The Department of Transportation and Development Elizabeth S. Hardy Thomas & Hardy 2380 Lake Street Lake Charles, LA 70601 Telephone: (337) 433-4903 COUNSEL FOR: Plaintiffs/Respondents - Quinn L. Ducote and Judy Ducote Steven Patrick Mansour P. O. Box 13557 Alexandria, LA 71315 Telephone: (318) 442-4855 COUNSEL FOR: Defendant/Respondent - Rapides Parish Police Jury Jay Anthony Pucheu P. O. Box 310 Marksville, LA 71351 Telephone: (318) 253-5080 COUNSEL FOR: Plaintiffs/Respondents- Quinn L. Ducote and Judy Ducote Patricia Jackson Delpit Louisiana Workers Compensation P. O. Box 98001 Baton Rouge, LA 70898-8001 Telephone: (225) 231-0899 COUNSEL FOR: Defendant/Respondent - Louisiana Workers Compensation Corporation Laurel I. White Assistant Attorney General P. O. Box 1710 Alexandria, LA 71309 Telephone: (318) 487-5944 COUNSEL FOR: Defendant/Applicant - State of Louisiana, Thru The Department of Transportation and Development Kevin M. Dills Davidson, Meaux, Sonnier & McElligott P. O. Drawer 2908 Lafayette, LA 70502 Telephone: (337) 237-1660 COUNSEL FOR: Defendant/Respondent - Union Pacific Railroad Company THIBODEAUX, Chief Judge. For the reasons discussed in the consolidated case of Ducote v. Union Pacific R.R. Co., 08-1208 (La.App. 3 Cir. __/__/__), __ So.2d __, the DOTD s writ application is granted in part and denied in part. We grant the writ on the issue of motion to strike unauthenticated documents. The writ application requesting a summary judgment is denied, but we affirm the trial court s ruling recognizing and granting an exception of no cause of action in favor of the DOTD. We dismiss with prejudice the DOTD from this lawsuit. Costs are assessed to the defendant, Union Pacific Railroad Company. WRIT GRANTED IN PART AND MADE PEREMPTORY; WRIT DENIED.

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