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


Background:

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

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

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

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


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