Legal Opinion · Dissent
Leef v. Burlington Northern & Santa Fe Railway Co.
Colorado Court of Appeals
Decided April 25, 2002No. 01C0A0535Published
1Dissent
Judge JONES
dissenting.
I respectfully dissent. I believe that the record here contains ample evidence from which it can be determined, as a matter of law, that there are genuine issues of material fact as to the reasonable foreseeability of harm.
Under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51, et seq., a plaintiff must establish each of the elements of a common law negligence action, including reasonable foreseeability of harm. Davis v. Burlington Northern, Inc., 541 F.2d 182 (8th Cir.1976); Johnson v. National R.R. Passenger Corp., 989 P.2d 245 (Colo.App.1999). Generally, as…
2Cases cited4 opinions
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Willard Green v. River Terminal Railway Co., Third Party Jerald E. Dawson, Third PartyCourt of Appeals for the Third Circuit · 1985
- Orie W. Davis v. Burlington Northern, Inc.Court of Appeals for the Eighth Circuit · 1976
- Johnson v. National Railroad Passenger Corp.Colorado Court of Appeals · 1999