Legal Opinion

Lough v. BNSF Railway Company

District Court, D. New Mexico

Decided July 16, 2019No. 2:16-cv-00338Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO PAUL LOUGH, Plaintiff, v. No. 2:16-cv-00338-JCH-SMV BNSF RAILWAY COMPANY, Defendant. MEMORANDUM OPINION AND ORDER While working as a conductor for his employer, BNSF Railway Company, Paul Lough injured his ankle after his BNSF-issued safety vest snagged a doorway bolt. Mr. Lough asserts liability for negligence under the Federal Employers’ Liability Act,

45 U.S.C. §§ 51-60

(“FELA”) (1981 & Supp. 2018), maintaining that BNSF should have either provided him a vest that would not get snagged, or one that would rapidly “breakaway”…

2Cases cited43 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  3. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  4. Urie v. ThompsonSupreme Court of the United States · 1949
  5. Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944

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