Legal Opinion

Leavy v. BNSF Railway Company

District Court, D. New Mexico

Decided May 22, 2025No. 1:23-cv-00991Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DAVID LEAVY, Plaintiff, v. Civ. No. 23-991 KK/DLM BNSF RAILWAY COMPANY, Defendant. MEMORANDUM OPINION AND ORDER Before the Court is Defendant BNSF Railway Company’s Motion to Enforce Settlement Agreement (Doc. 48) (“Motion”), filed November 21, 2024. The Court, having reviewed the parties’ submissions, the record, and the relevant law, FINDS that the Motion is not well-taken and should be DENIED. I. Factual Background Plaintiff David Leavy alleges that he fell and severely injured his ankle on October 21, 2022, while working…

2Cases cited24 opinions

  1. Hartbarger v. Frank Paxton Co.New Mexico Supreme Court · 1993
  2. United States v. HardageCourt of Appeals for the Tenth Circuit · 1993
  3. Shoels v. KleboldCourt of Appeals for the Tenth Circuit · 2004
  4. Walters v. Wal-Mart Stores, Inc.Court of Appeals for the Tenth Circuit · 2013
  5. Pope v. Gap, Inc.New Mexico Court of Appeals · 1998

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