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Andrew L. Neloms, Jr. v. BNSF Railway Co.

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  • Andrew L. Neloms, Jr. v. BNSF Railway Co.

    Date Decided: Mar 17th, 2011
    Decided By: Texas 2nd District Court of Appeals (State)
    Court: Court of Appeals of Texas, Second District
    Citation: 2011 WL 944434

    Andrew L. Neloms ("Neloms") worked for BNSF Railway Co. ("BNSF")as a conductor. On October 19, 2004 Neloms suffered injuries to his hand whenhe tripped over a partially buried tie plate at BNSF's Clear Creek railroadyard.

    Neloms filed suit against BNSF under the Federal Employers'Liability Act ("FELA"), 45 U.S.C. 51 etseq. alleging BNSF was negligent and seeking damages for lost wages andphysical injury. The case proceeded to trial.

    Following the close of arguments, the trial court instructedthe jury as to the applicable standard of causation in a FELA negligenceaction. In relevant part, the instruction stated: "Negligence is a legal causeof damage if it played any part, no matter how small, in bringing about oractually causing the injury or damage."

    The jury returned a verdict for BNSF and judgment wasentered accordingly. Neloms appeals the verdict arguing the trial court failedto instruct the jury as to the appropriate FELA causation standard.