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BNSF RY. CO. v. PHILLIPS

NO. 14-0530.

485 S.W.3d 908 (2015)

BNSF RAILWAY COMPANY, Petitioner, v. James E. PHILLIPS, Respondent.

Supreme Court of Texas.

Rehearing Denied April 15, 2016.

Attorney(s) appearing for the Case

David E. Keltner , Marianne M. Auld , Jody Scott Sanders , Mary H. Smith , Kelly, Hart & Hallman LLP, Fort Worth, for Petitioner.

John Ronald Maclean III , MacLean Law Firm, Fort Worth, Sean Reed Cox, Law Offices of Sean Cox, Dallas, Fredric A. Bremseth , Bremseth Law Firm PC, Minnetonka, MN, for Respondent.

PER CURIAM

James Phillips sued his employer, BNSF Railway Company, under the Federal Employers' Liability Act (FELA) and the Locomotive Inspection Act (LIA) to recover damages for a latent occupational injury. After a jury trial, Phillips secured a judgment awarding him damages and costs, and a divided court of appeals affirmed. 434 S.W.3d 675. BNSF filed a petition for review in this Court, arguing, among other things, that...

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