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DAWSON v. BNSF RY. CO.

No. 112,925.

437 P.3d 929 (2019)

Charles DAWSON, Appellee, v. BNSF RAILWAY COMPANY f/k/a Burlington Northern and Santa Fe Railway Company, Appellant.

Supreme Court of Kansas.

Opinion filed March 15, 2019.

Attorney(s) appearing for the Case

Marianne M. Auld , of Kelly Hart & Hallman LLP, of Fort Worth, Texas, argued the cause, and Andrew J. Ricke and Kenneth L. Weltz , of Lathrop Gage, LLP, of Overland Park, and Chad M. Knight , of Knight Nicastro, LLC, of Kansas City, Missouri, were with her on the briefs for appellant.

Steven L. Groves , of Groves Powers L.L.C., of St. Louis, Missouri, argued the cause, and Davy C. Walker , of Law Offices of Davy C. Walker, of Kansas City, and Daniel J. Cohen , of Law Offices of Daniel J. Cohen, of St. Louis, Missouri, were with him on the briefs for appellee.

The opinion of the court was delivered by

Charles Dawson filed a claim under the Federal Employers' Liability Act (FELA) against his employer, BNSF Railway Company (BNSF), alleging that BNSF's negligence caused his back injuries. The jury returned a verdict in Dawson's favor. The Court of Appeals vacated the verdict, holding that...

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