BNSF Railway Company v. Salvador L. Acosta

OPINION

ANN CRAWFORD McCLURE, Chief Justice.

In this permissive interlocutory appeal, BNSF Railway Company challenges the trial court’s denial of its motion for summary judgment. We reverse the trial court’s order, render summary judgment in favor of BNSF, and dismiss the case.

FACTUAL SUMMARY

On May 22, 1978, Salvador Acosta began working for BNSF, where he served as a flagman, a machine operator, and a track-man laborer over a 31-year period. Acosta’s last physical day on the job was March 21, 2010.

In two to-whom-it-may-concern letters dated April 28, 2010, Acosta described the pain and…