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DAWSON v. BNSF RY. CO.

No. 112,925.

437 P.3d 929 (2019)

Charles DAWSON, Appellee, v. BNSF RAILWAY COMPANY f/k/a Burlington Northern and Santa Fe Railway Company, Appellant.

Supreme Court of Kansas.

Opinion filed March 15, 2019.

Attorney(s) appearing for the Case

Marianne M. Auld, of Kelly Hart & Hallman LLP, of Fort Worth, Texas, argued the cause, and Andrew J. Ricke and Kenneth L. Weltz, of Lathrop Gage, LLP, of Overland Park, and Chad M. Knight, of Knight Nicastro, LLC, of Kansas City, Missouri, were with her on the briefs for appellant.

Steven L. Groves, of Groves Powers L.L.C., of St. Louis, Missouri, argued the cause, and Davy C. Walker, of Law Offices of Davy C. Walker, of Kansas City, and Daniel J. Cohen, of Law Offices of Daniel J. Cohen, of St. Louis, Missouri, were with him on the briefs for appellee.

The opinion of the court was delivered by

Charles Dawson filed a claim under the Federal Employers' Liability Act (FELA) against his employer, BNSF Railway Company (BNSF), alleging that BNSF's negligence caused his back injuries. The jury returned a verdict in Dawson's favor. The Court of Appeals vacated the verdict, holding that...

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