NYE v. BNSF RY. CO.

Case Number: 113142.

428 P.3d 863 (2018)

2018 OK 51

Juanita NYE, personal representative of the estate of Jeffrey Nye, deceased, Appellee, v. BNSF RAILWAY COMPANY, a foreign corporation, Appellant.

Supreme Court of Oklahoma.

Rehearing Denied: September 24, 2018.


Attorney(s) appearing for the Case

Douglas W. Poole , McLEOD, ALEXANDER, POWEL & APFFEL, P.C., Galveston, Texas, for Appellant.

George R. Mullican , Christopher D. Wolek , Michael P. Womack , GIBBS, ARMSTRONG, BOROCHOFF, MULLICAN & HART, P.C., Tulsa, Oklahoma, for Appellant.

David E. Keltner , pro hac vice, Marianne M. Auld , pro hac vice, KELLY, HART & HALLMAN, LLP, Fort Worth, Texas, for Appellant.

George W. Braly , William W. Speed , BRALY, BRALY, SPEED & MORRIS, PLLC, Ada Oklahoma, for Appellee.

Grant L. Davis , pro hac vice, Thomas C. Jones , pro hac vice, Timothy C. Gaarder , pro hac vice, DAVIS, BETHUNE & JONES, LLC, Kansas City, Missouri, for Appellee.

Michael M. Blue , BLUE LAW, Oklahoma City, Oklahoma, for Appellee.


¶ 1 This is a wrongful death action arising from a fatal vehicle/train collision at the County Road 1660 railroad crossing in Pontotoc County. The appellant, Burlington Northern and Santa Fe Railroad Company (BNSF), appeals from the underlying judgment on a jury's verdict in favor of the appellee, Juanita Nye, in her capacity as...

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