A trio of Louisiana residents are hoping a Pike County Judge will allow their lawsuit against the Kansas City Southern, Inc. railroad to proceed to a potential jury hearing.
Marvin and Heather Burse, of the 200 block of West 7th Street in Louisiana, are bringing the lawsuit. Also named as a plaintiff is Nicole Ivey Farris, also of Louisiana.
According to electronic court records, the couple are claiming that the railroad and its conductor were negligent on three counts.
The first count is that Kansas City Southern, Inc., committed the following acts at its railway crossing on Sonoco Drive in western Louisiana:
Had no crossing gate or warning lights at said grade crossing to alert drivers of vehicles on Sonoco Drive of the presence and/or approach of rolling stock and trains;
Allowed its permittees and licensees to store and shunt rolling stock on the multiple rail lines adjacent to the defendant’s lines, which blocked the view of the approaching through trains;
Failed to keep its grade crossing free of snow and ice, and as a result crossing vehicles could become stuck and their drivers unable to extricate themselves in an event of an approaching train.
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