Legal Opinion

BNSF Railway Company v. Ronald Nichols

Texas Court of Appeals, 2nd District (Fort Worth)

Decided June 21, 2012No. 02-10-00375-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

TERRIE LIVINGSTON, Chief Justice.

This is an appeal from a jury verdict in favor of Ronald Nichols in his Federal Employer’s Liability Act (FELA) suit against BNSF Railway Company. 1 In three issues, BNSF contends that there is no evidence that Nichols’s degenerative disc disease was caused by getting on and off moving railcars, that the trial court erroneously denied BNSF’s requested jury instructions on general and specific causation, and that the jury’s negligence finding is not supported by the evidence because a cumulative trauma injury was not foreseeable. We affirm.

Background

Nicho…

2Cases cited21 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  3. Maritime Overseas Corp. v. EllisTexas Supreme Court · 1998
  4. EI Du Pont De Nemours & Co. v. RobinsonTexas Supreme Court · 1996
  5. Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963

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3Cited by6 opinions

  1. Illinois Central Railroad v. BrentMississippi Supreme Court · 2013
  2. BNSF Railway Company v. James E. Phillips, Texas Court of Appeals, 2nd District (Fort Worth)2014
  3. Ragland v. BNSF Railway Co.Court of Appeals of Texas · 2016
  4. BNSF Railway Company (Individually and as Successor-In-Interest to the Burlington Northern, Inc., Burlington Northern & Santa Fe Railway Company and Atchison Topeka and Santa Fe Railway Company) v. Leonard A. Baca, Texas Court of Appeals, 2nd District (Fort Worth)2018
  5. BNSF Railway Company v. James E. Phillips, Texas Court of Appeals, 2nd District (Fort Worth)2014

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