Legal Opinion

Ward v. Kansas City Southern Railway Co.

Missouri Court of Appeals

Decided December 14, 2004No. WD 63942PublishedCited by 4 opinions

1Opinion of the Court

PAUL M. SPINDEN, Judge.

Kelvin Ward filed a claim under the Federal Employer’s Liability Act (FELA) against his employer, Kansas City Southern Railway, for injuries that he sustained as a passenger in a van hired by KCS. A car driven by Gretchen Roberdes crashed into the rear of the van. Ward proved that KCS was partly at fault for his injuries because protective devices were not in place, and this allowed items in the van’s rear to slam into Ward’s seat, injuring him. In defending against Ward’s claim, KCS offered evidence that Roberdes was intoxicated. The circuit court overruled Ward’s…

2Cases cited7 opinions

  1. Norfolk & Western Railway Co. v. AyersSupreme Court of the United States · 2003
  2. Rodriguez v. Suzuki Motor Corp.Supreme Court of Missouri · 1996
  3. Giddens v. Kansas City Southern Railway Co.Supreme Court of Missouri · 2000
  4. Brown v. HamidSupreme Court of Missouri · 1993
  5. Gomez v. Construction Design, Inc.Supreme Court of Missouri · 2004

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Palmer v. Union Pacific RailroadMissouri Court of Appeals · 2010
  2. Beery v. ShinkleMissouri Court of Appeals · 2006
  3. Eisenmann v. PodhornMissouri Court of Appeals · 2017
  4. Steve Cox v. City of Chillicothe and Rick KnouseMissouri Court of Appeals · 2019

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