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.

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APPEAL FROM THE
TWENTY-SEVENTH JUDICIAL DISTRICT COURT,
PARISH OF ST. LANDRY, NO. 02-1045
HONORABLE DONALD W. HEBERT, DISTRICT JUDGE

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MICHAEL G. SULLIVAN
JUDGE

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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
300 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.