Lusby v. Burlington Northern & Santa Fe Railway Co.

MEMORANDUM AND ORDER

WEBB, Chief Judge.

I INTRODUCTION

Before the court is defendant’s motion to dismiss. Plaintiff opposes the motion.

II BACKGROUND

On September 23, 1998, the plaintiff, Parish Lusby, was injured while working for the defendant, Burlington Northern and Santa Fe Railway Company (“BNSF”). On October 26, 1998, he entered into a “Release and Settlement Agreement” through which, in return for $100,000 dollars, he essentially released BNSF and those affiliated with it from “all claims and liabilities of every kind or nature,” including but not limited to those arising from the…