Legal Opinion

Funez v. Kansas City Southern Railway Co.

District Court, E.D. Louisiana

Decided October 20, 2014No. Civil Action No. 13-5338PublishedCited by 2 opinions

1Opinion of the Court

ORDER AND REASONS

JANE TRICHE MILAZZO, District Judge.

Before the Court is Plaintiffs Motion for Partial Summary Judgment (Doc. 21). For the following reasons, the Motion is GRANTED IN PART. The Court finds that Defendant violated the Safety Appliance Act, 49 U.S.C. § 20301 et seq. (“SAA”), and the violation constitutes negligence per se under the Federal Employers Liability Act, 45 U.S.C. § 51 (“FELA”). The Motion is DENIED as to causation.

BACKGROUND

Plaintiff, Jonhye Funez, was employed by Defendant, Kansas City Southern Railway Company, as a switchman. On June 26, 2013, Plaintiff was working…

2Cases cited11 opinions

Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
Crawford-El v. BrittonSupreme Court of the United States · 1998
Barbara Coleman v. Houston Independent School District, Anita EllisCourt of Appeals for the Fifth Circuit · 1997
Johnson v. Deep East Texas Regional Narcotics Trafficking Task ForceCourt of Appeals for the Fifth Circuit · 2004

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3Cited by2 opinions

Bohannon v. Kansas City Southern Railway CoDistrict Court, W.D. Louisiana · 2022
LeBeau v. Union Pacific Railroad CompanyDistrict Court, M.D. Louisiana · 2020