Ill. Cent. Gulf R.R. Co. v. Milward
| Docket Number: | 2004-CA-00336-SCT Linked Case(s): 2004-CA-00336-SCT ; 2004-CA-00336-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-09-2005 Opinion Author: Easley, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 01-20-2004 Appealed from: Quitman County Circuit Court Judge: Kenneth L. Thomas Disposition: Denied in part and granted in part Illinois Central’s motion for summary judgment. The case was tried solely on Milward’s claim thatIllinois Central negligently maintained a railroad crossing. The jury returned a verdict finding Milward to be 40% at fault for the accident, Illinois Central to be 60% at fault and Milward’s total damages to be $662,268.96. Case Number: 99-0073-T |
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| Note: | Motion for rehearing filed by appellee is denied. Graves and Randolph, JJ., would grant. MOTION FOR REHEARING FILED: 04/14/2005; DENIED AND OPINION MODIFIED AT ¶¶ 35-38 - 06/09/2005 | |
| Party Name: | Attorney Name: | |||
| Appellant: | Illinois Central Gulf Railroad Company |
HARRIS FREDERICK POWERS, III,
GLENN F. BECKHAM |
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| Appellee: | William K. Milward | WILLIAM K. DUKE, BARBARA MILLER DOLLARHIDE |
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