Mark B. Harrison v. BNSF Railway Company

OPINION

BILL MEIER, Justice.

I. Introduction

We consider in this appeal whether a ballast regulation promulgated under the Federal Railroad Safety Act (FRSA) precludes Appellant Mark B. Harrison’s ballast-related claim under the Federal Employers’ Liability Act (FELA). We hold that it does and will therefore affirm the trial court’s grant of summary judgment in favor of Appellee BNSF Railway Company.

II. Background

BNSF hired Harrison in 1993. He worked as a brakeman for a year before being promoted to a locomotive engineer.

One day in April 2008, Harrison directed a train onto a siding located in…