CAMPBELL v. BNSF RY. CO.

No. 09-5614.

600 F.3d 667 (2010)

Michael CAMPBELL, Plaintiff-Appellant, v. BNSF RAILWAY COMPANY f/k/a The Burlington Northern & Santa Fe Railway Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 9, 2010.


Attorney(s) appearing for the Case

ARGUED: David G. Mills, Mills & Associates, Cordova, Tennessee, for Appellant. Kenneth O. Cooper, Domico Kyle, PLLC, Memphis, Tennessee, for Appellee. ON BRIEF: David G. Mills, Mills & Associates, Cordova, Tennessee, for Appellant. Kenneth O. Cooper, Jessica M. Hackett, Domico Kyle, PLLC, Memphis, Tennessee, for Appellee.

Before: KEITH, CLAY, and GRIFFIN, Circuit Judges.


OPINION

GRIFFIN, Circuit Judge.

While employed by Pacific Rail Services, LLC ("PRS"), plaintiff Michael Campbell was injured when the railroad transport vehicle he was driving was rear-ended at a rail yard owned by defendant BNSF Railway Company f/k/a The Burlington Northern & Santa Fe Railway Company ("BNSF"). In this negligence action, Campbell alleges that he was an "employee" of BNSF for purposes of the Federal Employers' Liability Act ("FELA"),...

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