Gillman v. Burlington Northern Railroad

MEMORANDUM OPINION

GRADY, Chief Judge.

This case comes before us on the motion of defendant Burlington Northern Railroad Company (“Burlington”) for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) or in the alternative to dismiss the complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). For the reasons below, we deny the motion.

FACTS

Plaintiff Richard L. Gillman (“Gillman”) was employed by defendant Burlington as a foreman. Complaint at U 2. On May 13, 1983, a crane which was hoisting a rail dropped the rail on Gillman’s coworker. Id.…