Holloway v. Kansas City Southern Railway Co‪.‬

Before BROWN, GASKINS and CARAWAY, JJ. After a fatality and injuries in a collision at a railroad crossing, the State of Louisiana, through the Department of Transportation and Development (""DOTD""), was sued along with the two owners of the roadway and rail line. Plaintiffs alleged that DOTD had assumed duties regarding the crossing and was responsible in tort with the owners for the unreasonably dangerous condition of the crossing. DOTD filed a motion for summary judgment with evidence indicating that DOTD's only involvement with the off-system railroad crossing was for compliance with federal railroad safety legislation and regulations. Plaintiffs filed no opposition to the motion. After the trial court denied DOTD's motion, we granted this supervisory review. We now reverse the judgment of the trial court and grant summary judgment in favor of DOTD dismissing it from the suit.