Newton v. Amhof Trucking, Inc.

MEMORANDUM AND ORDER

OHARA, United States Magistrate Judge.

I. Introduction and Background.

The plaintiff, Vicki Newton (“Vicki”), filed this suit under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51 et seq., and under Kansas law, to recover damages on account of the death of her husband, Robert Edward Lee Newton (“Bob”), in a motor vehicle accident on July 30, 2001. The vehicle Bob was operating for his employer, defendant Burlington Northern and Santa Fe Railway Company (“BNSF”), was struck from behind on Interstate Highway 35, near Beto Junction, Kansas, by a truck driven by…