Legal Opinion

the Kansas City Southern Railway Company v. Ronald K. Oney, Individually and as Representative of the Estate of Daniel D. Oney

Texas Court of Appeals, 14th District (Houston)

Decided July 19, 2012No. 14-11-00815-CVPublishedCited by 11 opinions

1Opinion of the Court

OPINION

CHARLES W. SEYMORE, Justice.

Appellee, Ronald K. Oney, Individually and as Representative of the Estate of Daniel D. Oney, brought a claim under the Federal Employers’ Liability Act (“FELA”) against The Kansas City Southern Railway Company (“KCSR”). KCSR filed a motion to dismiss based on appel-lee’s failure to serve medical reports under Chapter 90 of the Texas Civil Practice and Remedies Code.1 The multidistrict litigation (“MDL”) court handling pretrial issues in this case denied KCSR’s motion, determining appellee is not required to comply with Chapter 90 report requirements. In a…

2Cases cited36 opinions

  1. Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
  2. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  3. United States v. KubrickSupreme Court of the United States · 1979
  4. Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
  5. Urie v. ThompsonSupreme Court of the United States · 1949

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3Cited by11 opinions

  1. Williams v. BellCourt of Appeals of Texas · 2013
  2. Austin v. Kroger Texas L.P.District Court, N.D. Texas · 2016
  3. 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
  4. CHCA BAYSHORE, LP D/B/A EAST HOUSTON REGIONAL MEDICAL CENTER v. Rosalva Salazar, Texas Court of Appeals, 14th District (Houston)2013
  5. Felicia Williams, Individually D/B/A in the Urban City Investment Group v. Destry C. Bell, Sr., and Christ Temple of Deliverance Church of God in Christ, Inc., Texas Court of Appeals, 14th District (Houston)2013

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