Legal Opinion
Vallejo v. BNSF Railway Co.
Court of Appeals of Kansas
Decided September 16, 2011No. 104,553PublishedCited by 3 opinions
1Opinion of the Court
Green, J.:
Burlington Northern Santa Fe Railway Company (BNSF) challenges a jury verdict in favor of Luis Vallejo, who injured his back while working for BNSF. On appeal, Vallejo contends that this court does not have jurisdiction to hear this case. We disagree. In challenging the jury verdict, BNSF alleges that the trial court erred in failing to give a jury instruction on contributory negligence. We agree. Accordingly, we reverse and remand for a new trial. BNSF also argues that die trial court erred in giving a jury instruction on future damages. Because we have reversed the jury’s verdict…
2Cases cited16 opinions
- Stanley F. Taylor v. Burlington Northern Railroad CompanyCourt of Appeals for the Ninth Circuit · 1986
- John W. Whalen v. Unit Rig, Inc., a Delaware Corporation Terex Corporation, a Delaware Corporation Mrl Acquisition Corporation, a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1992
- Norfolk Southern Railroad v. FerebeeSupreme Court of the United States · 1915
- Varney Business Services, Inc. v. PottroffSupreme Court of Kansas · 2002
- Combs v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1998
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3Cited by3 opinions
- Cent. Kan. Conservancy, Inc. v. SidesCourt of Appeals of Kansas · 2019
- Cox v. Cmty. State BankCourt of Appeals of Kansas · 2019
- Vallejo v. BNSF Railway Co.Court of Appeals of Kansas · 2021