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BNSF RY. CO. v. NICHOLS

No. 02-10-00375-CV.

379 S.W.3d 378 (2012)

BNSF RAILWAY COMPANY, Appellant v. Ronald NICHOLS, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled September 20, 2012.

Attorney(s) appearing for the Case

Debora B. Alsup , Danley K. Cornyn , Thompson & Knight LLP, Austin, TX, Douglas W. Poole , McLeod, Alexander, Powel & Apffel, P.C., Galveston, TX, for Appellant.

John W. Tavormina , Steve Young , Tavormina & Young, L.L.P., Houston, TX, Scotty MacLean , Michael Henry , MacLean Law Firm, Fort Worth, TX, for Appellee.

PANEL: LIVINGSTON, C.J.; DAUPHINOT and WALKER, JJ.

OPINION

TERRIE LIVINGSTON, Chief Justice.

This is an appeal from a jury verdict in favor of Ronald Nichols in his Federal Employer's Liability Act (FELA) suit against BNSF Railway Company.1 In three issues, BNSF contends that there is no evidence that Nichols's degenerative disc disease was caused by getting on and off moving railcars, that the trial court erroneously denied BNSF's...

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