Legal Opinion
Kennedy v. BNSF Railway Corp.
Court of Civil Appeals of Oklahoma
Decided October 30, 2009No. 107,412. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2PublishedCited by 2 opinions
1Opinion of the Court
JERRY L. GOODMAN, Judge.
1 1 Phillip Kennedy (Kennedy) appeals the trial court's July 15, 2009, order granting BNSF Railway Corporation's f/k/a Burlington Northern Santa Fe Railway Company (BNSF) motion for summary judgment. After review of the record on appeal and applicable law, we reverse and remand for further proceedings. 1
FACTS
12 Kennedy filed suit against BNSF on May 8, 2008, under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. and the Locomotive Inspection Act, (LIA), 49 U.S.C. § 20701 et seq., formerly known as the Boiler Inspection Act, 45 U.S.C. §§ 22-34. 2…
2Cases cited26 opinions
- United States v. KubrickSupreme Court of the United States · 1979
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Atchison, Topeka & Santa Fe Railway v. BuellSupreme Court of the United States · 1987
- Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
- Carmichael v. BellerSupreme Court of Oklahoma · 1996
21 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Woods v. Prestwick House, Inc.Supreme Court of Oklahoma · 2011
- St. George v. BNSF Railway Co.District Court, D. Minnesota · 2014