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Perricone v. Kansas City Southern Railway Co.

United States Court of Appeals for the Fifth Circuit

630 F.2d 317 (1980)

Facts

Luke Perricone (plaintiff) was injured after he drove over a railroad crossing owned by Kansas City Southern Railway Company (railroad) (defendant). Perricone brought suit, contending that the railroad failed to keep the crossing in a safe condition. In a previous case against the railroad involving the same crossing, H. J. Fontenot had testified that the crossing was not safe. Perricone was unable to locate Fontenot. Thus, at the trial in Perricone’s case, Perricone introduced Fontenot’s prior testimony. The district-court judge admitted Fontenot’s prior testimony. Subsequently, the jury ruled in favor of Perricone. After the verdict was delivered, an agent of the railroad attempted to locate Fontenot. In two hours, Fontenot was found about a mile from the courthouse. The railroad filed a motion for a new trial, which was denied by the district-court judge. The railroad appealed.

Rule of Law

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Issue

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Holding and Reasoning (Coleman, C.J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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