Duncan v. Kansas City Southern Railway
Louisiana Supreme Court
773 So. 2d 670 (La. 2000)
Three sisters, all the children of Duncan (plaintiff) were riding in a church van when it collided with a locomotive owned by Kansas City Southern Railway (KCS) (defendant) at a railroad crossing. One sister was killed, one was rendered a quadriplegic, and one suffered less serious medical injuries. Duncan brought suit against KCS to recover damages. The jury found the driver of the van and KCS liable for the accident, and apportioned fault between both. Duncan was awarded $27,876,813.31 in damages. Included in this amount were future medical expenses totaling $17,000,000.00 and general damages for physical pain and suffering, mental anguish, and loss of enjoyment of life in the amount of $8,000,000.00 to Rachel Duncan. The appellate court affirmed on appeal. The Louisiana Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Johnson, J.)
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