KANSAS CITY SOUTHERN RAILWAY v. HORTON

No. 05-19-00856-CV.

666 S.W.3d 1 (2021)

The KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant v. Angela HORTON and Kevin Houser, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing En Banc Denied July 6, 2021.


Attorney(s) appearing for the Case

Paul O. Wickes , Wickes Law, PLLC, Plano, for Appellant.

Ben C. Martin , Kolter C. McKenzie , Laura J. Baughman , Thomas Wm. Arbon , Martin Baughman, PLLC, Matthew J. Kita , Attorney at Law, Dallas, for Appellees.

Before Chief Justice Burns, Justice Myers and Justice Carlyle.


MEMORANDUM OPINION

The jury verdict in this appeal by Kansas City Southern Railroad Company rests on a broad form negligence charge encompassing two theories of liability. KCSR contends one theory of Appellees' negligence claim was preempted by a federal statute and judgment on the second liability theory...

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