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CRUZ v. BURLINGTON NORTHERN R. CO.

No. 88CA0300.

773 P.2d 1117 (1989)

Benny S. CRUZ, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

April 27, 1989.

Attorney(s) appearing for the Case

Morrisard & Rossi, P.C., James L. Cox, Jr., Aurora, for plaintiff-appellant.

Kraft & Johnson, Donald E. Johnson, Denver, for defendant-appellee.

NEY, Judge.

Plaintiff, Benny S. Cruz, appeals the trial court's dismissal of his action for outrageous conduct based on lack of subject matter jurisdiction. We reverse.

Plaintiff is a railroad worker employed by defendant, Burlington Northern Railroad Company. His normal work-days are Monday through Friday, with Saturday and Sunday off.

Plaintiff incurred a job-related hand injury and received company permission to take a Monday off for a doctor's...

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