Bailey v. Missouri-Kansas-Texas Railroad

REINHARD, Judge.

Plaintiff appeals following entry of a summary judgment against him on his Federal Employers’ Liability Act claim. We affirm.1

At the time of his injury plaintiff was an employee of B & R Transfer Co. B & R and Katy Transportation Co. had a contract under which B & R ramped and deramped *249“piggyback” trailers to and from Missouri-Kansas-Texas Railroad (MKT) freight cars, loaded and unloaded trailer cargo, and transported trailers to and from local cargo shippers and receivers. Katy Transportation is a wholly-owned subsidiary of the sole defendant, MKT.

Plaintiff based his count I…