Legal Opinion
Jose Villa v. Burlington Northern and Santa Fe Railway Company, Association of American Railroads, Amicus on Behalf Of
Court of Appeals for the Eighth Circuit
Decided February 7, 2005No. 04-1432PublishedCited by 11 opinions
1Opinion of the Court
WOLLMAN, Circuit Judge.
Burlington Northern Santa Fe Railway Company (BNSF) appeals from the judgment entered by the district court 1 on the jury verdict in favor of Jose Villa. We affirm.
I
Villa, an assistant foreman for BNSF, was injured on October 27, 1999, when the hydraulic spike puller that he was using to remove spikes from the anchor plates on the railway roadbed kicked back, struck him in the stomach, and caused him to fall back. BNSF investigated and documented the accident. 2
Villa’s doctor diagnosed him with a muscle spasm with an acute contusion and strain. Villa underwent back…
2Cases cited9 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Norfolk & Western Railway Co. v. AyersSupreme Court of the United States · 2003
- United States v. Charter Communications, Inc.Court of Appeals for the Eighth Circuit · 2005
- Oriental Trading Co., Inc., a Nebraska Corporation v. Sam G. Firetti Bing RanCourt of Appeals for the Eighth Circuit · 2001
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Woods v. Union Pacific RailroadCalifornia Court of Appeal · 2008
- Ammons v. Canadian National Ry. Co.Appellate Court of Illinois · 2019
- Kinsey v. Union Pacific Railroad Co.California Court of Appeal · 2009
- Ammons v. Wisconsin Central, Ltd.Appellate Court of Illinois · 2019
- Christopher Cole v. The Kansas City Southern Railway CompanyMissouri Court of Appeals · 2024
6 more not listed; retrieve them via the Exa API.