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Duncan v. Kansas City Southern Railway Co.10/30/2000
ached. Syrie v. Schilhab, 96-1027, p. 4-5 (La. 5/20/97); 693 So. 2d 1173, 1176-77; Berry v. State, Through Dept. of Health and Human Resources, 93-2748, p. 4 (La.5/23/94); 637 So.2d 412, 414; Mundy v. Dept. of Health and Human Res., 620 So.2d 811, 813 (La.1993).
Under the duty-risk analysis, all four inquiries must be affirmatively answered for plaintiff to recover. Mathieu v. Imperial Toy Corp., 94-0952, p. 4 (La.11/30/94); 646 So.2d 318, 322.
In the case at hand, we begin our duty-risk analysis by examining the duty owed by KCS to the plaintiffs. Louisiana law requires railroads to provide signage at all crossings within their control. La. Rev. Stat. Ann. § 32:169 provides:
A. Any person, firm, or corporation controlling any railroad track which intersects a public road or street at grade crossings, except those contained in the maintenance system of the office of highways, shall erect and maintain a "Railroad Cross Buck" sign at the crossings above referred to which shall be white with the "Railroad Crossing" in black letters. The sign shall be reflectorized. If there are two or more tracks, same shall be indicated on an auxiliary sign of inverted "T" shape mounted below the cross buck. This sign shall be erected on the right hand side of the roadway of such approach to the crossing not more than fifty feet nor less than fifteen feet from the nearest rail and not less than six feet or more than twelve feet from the edge of the roadway. The sign shall be ten feet above the level of the highway and said sign shall be constructed in accordance with the standards of the office of highways.
B. The person, firm, or corporation controlling any railroad track hereinabove referred to may with written approval of the office of highways, erect stop signs at any grade crossings of railroads on highways not contained in the state maintenance system. Said signs shall be octagonal in shape, shall have a red background, and carry the word "stop" in white letters all in accordance with the standards of the office of highways. Said signs shall be located not less than fifteen feet nor more than fifty feet from the nearest rail and shall be erected on the right hand side of the highway of each approach to the crossing and not less than six feet nor more than twelve feet from the edge of the roadway. Where "stop" signs are erected the said railroad shall also erect and maintain a railroad advance warning sign on the right side of the road not less than one hundred feet nor more than three hundred feet from the nearest rail of said crossing measured along the highway, said sign shall be a yellow disk thirty-six inches in diameter carrying a ninety degree cross buck X and the letters R.R. in black in accordance with the standards of the office of highways. When such signs are erected, the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall proceed only upon the exercising of due care and being sure that it is safe to proceed. La. Rev. Stat. Ann.§ 32:169.
The evidence revealed the presence of both a stop sign and a cross buck at the East Iowa Road crossing. Thus, the record demonstrates KCS' compliance with La. Rev. Stat. Ann. § 32:169; nonetheless, the plaintiffs also allege a duty to properly maintain the right-of-way, adequate sight distances, and to post sufficient "warning signs, marks and signals commensurate with the danger of the crossing." The court of appeal determined that these alleged duties made possible a finding of negligence on the part of KCS, even though the railroad was in compliance with statutory provisions. Applying a duty-risk analysis, the court of appeal found the plaintiff
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