Maldonado v. Southern Pacific Transportation Co.

OPINION

HOWARD, Judge.

This appeal arises from the trial court’s granting of appellee’s motion to dismiss Counts III, IV and V of appellant’s complaint.

Briefly, the complaint shows that on August 11, 1977, at approximately 9:20 p. m., appellant, a Mexican citizen, tried to board a Southern Pacific freight train as it was passing through Picacho, Arizona. Four employees of appellee Southern Pacific Transportation Company (Southern), caused a “jerking or bumping” of the train cars when appellant attempted to board it, causing him to fall under the wheels of the train. Appellant’s left arm was…