Missouri Pacific Railroad v. Limmer

OPINION ON REHEARING

EVA M. GUZMAN, Justice.

Upon consideration of the motion for rehearing filed by appellees Patricia Lim-mer, Billye Joyce Smith, and Bobbye Jean Nothnagel (collectively referred to herein as the “Limmers”) and the responses thereto, we conclude that the trial court did not err in ruling against appellant Missouri Pacific Railroad Company d/b/a Union Pacific Railroad Company (“Union Pacific”) as to its preemption defense. Accordingly, we grant the Limmers’ motion for rehearing to this extent, deny the remainder of the Limmers’ motion for rehearing, withdraw the opinions…