Legal Opinion

Volner v. Union Pacific Railroad Company

Court of Appeals for the Tenth Circuit

Decided January 31, 2013No. 11-7081UnpublishedCited by 9 opinions

1Opinion of the Court

ORDER AND JUDGMENT *

TIMOTHY M. TYMKOVICH, Circuit Judge.

Anthony Volner appeals from the district court’s order granting summary judgment to Union Pacific Railroad Co. on his Federal Employer’s Liability Act (FELA), 45 U.S.C. §§ 51-60, claim. He alleges Union Pacific failed to provide a safe workplace and required him to engage in unsafe job duties. We affirm.

I. BACKGROUND

Mr. Volner worked for Union Pacific for five and one-half years in various capacities. In November 2009, while working as a trackman on a section gang putting in railroad ties, he allegedly injured his neck. He did not file…

2Cases cited10 opinions

  1. Urie v. ThompsonSupreme Court of the United States · 1949
  2. Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
  3. Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
  4. Gary W. Hardyman v. Norfolk & Western Railway Company Norfolk Southern Railway Company Cincinnati, New Orleans and Texas Pacific Railway CompanyCourt of Appeals for the Sixth Circuit · 2001
  5. Van Gorder v. Grand Trunk Western RR, Inc.Court of Appeals for the Sixth Circuit · 2007

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3Cited by9 opinions

  1. Ezell v. BNSF Railway CompanyCourt of Appeals for the Tenth Circuit · 2020
  2. Smart v. BNSF Railway Co.Court of Appeals of Kansas · 2016
  3. Wright v. BNSF Railway Co.District Court, N.D. Oklahoma · 2016
  4. Fields v. BNSF Railway CompanyDistrict Court, E.D. Oklahoma · 2021
  5. Greer v. CSX Transportation IncDistrict Court, N.D. Alabama · 2024

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