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PAYNE v. BNSF RY. CO.

No. 02-21-00425-CV.

650 S.W.3d 891 (2022)

Donna PAYNE, individually and as representative of the Estate of Neil Harrah, Appellant v. BNSF RAILWAY COMPANY, (Individually and as Successor-in Interest to the Burlington Northern & Santa Fe Railway Company, Atchison and Quincy Railroad Company, Burlington Northern, Inc., and Burlington Northern Railroad Company), Appellee.

Court of Appeals of Texas, Fort Worth.

Delivered: July 14, 2022.

Attorney(s) appearing for the Case

Andrew R. Gould , Houston, Trevor Courtney , Jason A. Itkin , Houston, for Appellant.

Justin Rodriguez , Austin, Marianne M. Auld , Jody S. Sanders , Fort Worth, for Appellee.

Before Sudderth, C.J.; Birdwell and Wallach, JJ.

OPINION

This is an appeal from a take-nothing summary judgment. Donna Payne, individually and as representative of her father Neil Harrah's estate, sued BNSF Railway Company (BNSF) under the Federal Employers Liability Act (FELA) for personal injuries to Harrah from exposure to asbestos that ultimately resulted...

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