Legal Opinion

BNSF Railway Co. v. Seats, Inc.

District Court, D. Nebraska

Decided January 23, 2017No. 4:16CV3121PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

Richard G. Kopf, Senior United States District Judge

Plaintiff BNSF alleges that in 2015, it settled a contested Federal Employers’ Liability 1 (“FELA”) and Locomotive Inspection Act2 (“LIA”) action with' an employee engineer. (Filing 1, Complaint ¶¶ 16 & 19.) The engineer alleged that the backrest of his locomotive seat gave away suddenly and without warning as a result of an allegedly defective reclining mechanism, resulting in career-ending injuries to his back. (Id. ¶¶ 15 & 17.) He claimed the locomotive’ seat—which was designed, manufactured, and marketed by the…

2Cases cited16 opinions

  1. Napier v. Atlantic Coast Line RailroadSupreme Court of the United States · 1926
  2. Kurns v. Railroad Friction Products Corp.Supreme Court of the United States · 2012
  3. United Transportation Union v. FosterCourt of Appeals for the Fifth Circuit · 2000
  4. Darby v. A-Best Products Co.Ohio Supreme Court · 2004
  5. First Security Bank, Administrator of the Estate of Sharon E. Johnston v. Union Pacific Railroad CompanyCourt of Appeals for the First Circuit · 1998

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3Cited by1 opinion

  1. BNSF Railway Company v. Seats, IncorporatedCourt of Appeals for the Eighth Circuit · 2018

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