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HAYNES v. UNION PACIFIC R. CO.

No. 01-18-00181-CV.

598 S.W.3d 335 (2020)

Richard HAYNES, Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Corporation, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion issued January 28, 2020.

Attorney(s) appearing for the Case

Michael W. Kerensky , Kerensky Law Firm, 440 Louisiana, Ste., 2300, Houston, Texas 77002, Daniel J. Cohen (Pro Hac Vice), Law Office of Daniel J. Cohen, 1310 Papin Street, #108, St. Louis, Missouri 63103, for Appellant.

Kent Rutter , Christina Crozier , Haynes & Boone, LLP, 1221 McKinney, Ste. 2100, Houston, Texas 77010-2007, Douglas W. Poole , Bryan R. Lasswell , McLeod, Alexander, Powell & Apffel, P.C., 802 Rosenberg, Galveston, Texas 77553, for Appellee.

Panel consists of Chief Justice Radack and Justices Landau and Hightower.

OPINION

Appellant Richard Haynes was injured as he attempted to leave the Strang Railyard where he worked for appellee Union Pacific Railroad Company (UP). Haynes sued UP under the Federal Employment Labor Act (FELA), and the jury ultimately concluded that UP was negligent, determining that UP was 35% responsible...

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