KENNEDY v. BNSF RY. CORP.

No. 107,412. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

227 P.3d 1120 (2009)

2009 OK CIV APP 98

Phillip KENNEDY, Plaintiff/Appellant, v. BNSF RAILWAY CORPORATION f/k/a Burlington Northern Santa Fe Railway Company, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 2.

October 30, 2009.


Attorney(s) appearing for the Case

Thomas M. Wright, Wright Stout & Wilburn, PLLC, Muskogee, OK, for Appellant.

Robert D. Hart, Jeff Fields, Oliver L. Smith, Chriostpher D. Wolek, Gibbs Armstrong Borochoff Mullican & Hart, P.C., Tulsa, OK, for Appellee.


JERRY L. GOODMAN, Judge.

¶ 1 Phillip Kennedy (Kennedy) appeals the trial court's July 15, 2009, order granting BNSF Railway Corporation's f/k/a Burlington Northern Santa Fe Railway Company (BNSF) motion for summary judgment. After review of the record on appeal and applicable law, we reverse and remand for further proceedings.1

FACTS

¶ 2 Kennedy filed suit against BNSF on May 8, 2008, under the Federal Employers...

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