Pollard v. Missouri Pacific Railroad Co.

ON MOTION FOR REHEARING OF APPLICATION FOR WRIT OF ERROR

In this personal injury action, the trial court granted Missouri Pacific Rail road Company’s (hereinafter MOPAC) motion for summary judgment as to all claims asserted against it by the plaintiff, Duane Keith Pollard. Pollard, a worker, was injured while employed by Balch, an independent contractor. MOPAC had previously contracted with Balch for the removal of certain poles and wires from one of its right-of-ways. MOPAC’s summary judgment motion was granted because the summary judgment proof indicated that MO-PAC had not exercised control…