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Luman v. ITS Technologies & Logistics, LLC

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  • Luman v. ITS Technologies & Logistics, LLC

    Date Decided: Sep 28th, 2010
    Decided By: Missouri Western District Court of Appeals (State)
    Court: Mo. Ct. App. W.Dist.
    Citation: 323 SW.3d. 821

    Background:
    Plaintiff, a railroad terminal operator, was injured while working for hisemployer. Defendant (employer) was under contract at the time to move rail cars for theinterstate railway company, KC Southern. Plaintiff settled the case with KC Southern, and continued this actionagainst his employer, the defendant who was under contract to KC Southern atthe time. Defendant (employer) arguedthat the FELA did not apply to the case because defendant was not a "CommonCarrier" under FELA. The trialcourt agreed with the defendant employer. Plaintiff brought this appeal. Plaintiff asserted that his employer is a common carrier by implicationbecause of its integral relationship with KC Southern.
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