Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Union Pacific Railroad Co. v. Taylor Truck Line, Inc.

United States District Court, W.D. Louisiana, Monroe Division

May 17, 2017

UNION PACIFIC RAILROAD COMPANY
v.
TAYLOR TRUCK LINE, INC., ET AL. R & L BUILDERS SUPPLY, INC., ET AL.
v.
UNION PACIFIC RAILROAD COMPANY, ET AL.

          KAREN L. HAYES MAG. JUDGE.

          RULING

          ROBERT G. JAMES UNITED STATES DISTRICT JUDGE.

         Pending before the Court are motions for partial summary judgment [Doc. Nos. 181, 185, 196 & 208] filed by Prewett Enterprises, Inc. (“Prewett”), Hulcher Services, Inc. (“Hulcher”), College City Leasing, LLC (“College City”), Daniel Shackleford (“Shackleford”), Taylor Logistics, Inc. (“Taylor Logistics), Taylor Truck Line, LLC (“Taylor Truck”), Taylor Consolidated, Inc. (“Taylor Consolidated”)[1], and Union Pacific Railroad Co. (“Union Pacific”). Prewett, Hulcher, the Taylor Entities, and Union Pacific move the Court for summary judgment on claims by R & L Properties of Oak Grove, LLC (“Properties”) and R & L Builders Supply, Inc. (“Builders Supply”) for “past and future loss of revenues from the anticipated expansion of the business operations [of Builders Supply.]” [Doc. No. 1, ¶ XXXV(f)].

         For the following reasons, the motions for partial summary judgment on past and future loss of revenues are GRANTED IN PART and DENIED IN PART.

         I. FACTS AND PROCEDURAL HISTORY

         On October 5, 2014, a collision occurred in Mer Rouge, Louisiana, when a Union Pacific train collided with a 2013 Kenworth tractor with trailer and dolly (hereinafter “tractor-trailer”) which had become lodged on the highway/railway grade crossing when the driver, Daniel Shackleford, attempted to cross.[2] The tractor-trailer was owned by College City and leased to Taylor Truck.

         As a result of the collision, approximately 17 railroad cars and 2 locomotives left the railroad tracks, cargo spilled, and a tank car leaked Argon onto surrounding property. Properties owns the land located along Church Street in Mer Rouge[3] (“the Church Street Land”) where at least some of the cars and other debris came to rest after the collision. Builders Supply operates a building supply and equipment facility on Andrews Lane in Mer Rouge across the street from the Church Street Land. At the time of the collision, Builders Supply sold hardware, lumber, and other items necessary to build a home. Builders Supply consists of the hardware store and three additional buildings which provide storage for the inventory of doors, sheet rock, treated lumber, and 2 x 4s. Sales at Builders Supply's Andrews Lane location were not affected by the derailment because its sales were significantly higher in April through June 2016 than they were doing the same months in 2014 and 2015.

         Approximately one year before the accident, Properties purchased the Church Street Land for the purpose of expanding Builders Supply's business operations. Builders Supply intended to expand the business by constructing a new store location, adding more storage, and offering new items for sale, including septic tanks, culverts, and steps. However, Builders Supply did not have a valid lease of the Church Street Land, no financing had been obtained for the expansion, and no construction had begun.

         Randle McLarrin (“McLarrin”), principal of Properties and Builders Supply, [4] offered his opinion that Builders Supply would have an increase in revenues after the expansion based on his “guesswork.” [Doc. No. 181-4 Randle McLarrin Depo., p. 160]. McLarrin assumed that business would “double” at the new location and performed some calculations on a scratch pad which he did not retain. [Doc. No. 181-8 Builders Supply Corporate Depo., pp. 42-43]. Builders Supply did not retain an expert to estimate lost revenues in connection with the delayed expansion.

         Prior to and at the time of the accident, Builders Supply was storing used cross ties on the Church Street Land. There was also topsoil discovered on the Church Street Land which Properties sold through Builders Supply.

         On January 14, 2015, Union Pacific brought the instant suit against Shackleford, and the entities that otherwise owned, leased, or had another interest in the tractor-trailer, Taylor Truck, Taylor Logistics, Inc., and College City.[5] On November 4, 2015, a lawsuit filed by Properties and Builders Supply was consolidated with this lawsuit.

         On February 27, 2017, the Court issued a Ruling and Judgment [Doc. Nos. 287 & 288], finding that there was no valid lease of the Church Street Land from Properties to Builders Supply and dismissing any claims asserted by Builders Supply for damage to the Church Street Land. The Court allowed Builders Supply to proceed with any claims for damages to cross ties it had stored on the Church Street Land.

         On May 9, 2017, the Court issued a Ruling and Judgment [Doc. Nos. 306 & 307] dismissing any claims by Properties and Builders Supply for loss of lease payments relating to the Builders Supply expansion.

         In the instant motions, Union Pacific and its contractors, Prewett and Hulcher, as well as the Taylor Entities move for summary judgment on the claims asserted by Properties and Builders Supply for lost profits from the anticipated expansion of Builders Supply to the Church Street Land, as well as lost profits from topsoil sales from the Church Street Land.

         The motions have been fully briefed, and the Court is prepared to rule.

         II. LAW AND ANALYSIS

         A. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.