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NOICE v. BNSF RY. CO.

S-1-SC-35198.

383 P.3d 761 (2016)

2016-NMSC-032

Lenard NOICE, II as Personal Representative for Lenard E. Noice, Plaintiff-Respondent, v. BNSF RAILWAY COMPANY, Defendant-Petitioner.

Supreme Court of New Mexico.

Filing Date: August 18, 2016.

Attorney(s) appearing for the Case

Atkinson, Baker & Rodriguez, P.C., Clifford K. Atkinson , Justin Duke Rodriguez , John S. Thal , Ryan T. Jerman , Albuquerque, NM, for Petitioner.

Long, Komer & Associates, P.A., Mark E. Komer , Santa Fe, NM, for Respondent.

Modrall Sperling, John R. Cooney , Sarah M. Stevenson , Albuquerque, NM, Association of American Railroads, Daniel Saphire, Washington, DC, for Amicus Curiae Association of American Railroads.

OPINION

{1} Lenard E. Noice (Noice) worked as a conductor for Petitioner BNSF Railway Company (BNSF). He fell from a BNSF train that was moving at speed and perished. The Respondent, Lenard Noice II, acting as personal representative for Noice (the Estate), filed a wrongful death action against BNSF under...

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