Opinion
CV-21-97-GF-BMM
06-26-2024
JACKSON WELLS, as Personal Representative for the Estate of Thomas E. WELLS, deceased; and JUDITH HEMPHILL, as Personal Representative for the Estate of JOYCE H. WALDER, deceased, Plaintiffs, v. BNSF RAILWAY COMPANY, Defendant.
ORDER
Brian Morris, Chief District Judge United States District Court
Defendant BNSF Railway Company (“BNSF”) filed a motion for a directed verdict concerning Plaintiffs' general negligence claim on April 15, 2024. (Doc. 353.) The Court denied BNSF's motion on the record on April 16, 2024. (Doc. 367 at 17.) The Court stated in pertinent part:
I'm denying BNSF's motion for directed verdict on negligence. I think the evidence - plaintiffs have made a prim facie case that BNSF failed to exercise reasonable care in its handling of asbestos in or around the railyard and that asbestos, blowing it around the railyard, caused harm to the plaintiffs and the damages resulted from that. So deny that motion.(Id.) The Court took under advisement BNSF's two additional motions for a directed verdict (Doc. 355); (Doc. 358), which the Court subsequently denied. (Doc. 370); (Doc. 373).
Accordingly, IT IS ORDERED:
1. BNSF's motion for a direct verdict on Plaintiffs' general negligence claim (Doc. 353) is DENIED based on the Court's discussion on the record on April 16, 2024.