Case Discussion On Kennedy v. BNSF Railway Corporation

Case: Kennedy v. BNSF Railway Corporation

Fact: In this case, the appeal was made by the Philip Kennedy to the trial court’s order in which court granted Railway Corporation Burlington Northern Santa Fe Railway Company motion for summary judgement. The case was held when Kennedy brought a case against BNSF on 8th May, 2008 under the Locomotive Inspection Act (LIA) and Federal Employers Liability Act (FELA). Kennedy reported his bilateral injury of his neck, back and knee due to the repetitive and cumulative trauma during the period he was serving BNSF as a locomotive engineer. In October 2001 Kennedy visited Dr. Ogle as he felt pain in right knee. The right knee X-ray exposed a progressive degenerative change but there was no definite abnormality. Next month in November, Kennedy again visit Dr. Ogle asserting that he is feeling better with his knee and continue taking an anti-inflammatory for a foot injury. Kennedy had to have surgery on his foot.

In the month of June in 2002, Kennedy again visited Dr but this time he visited Dr. Fike and complained him about his bilateral knee pain. In this treatment it was diagnosed that Kennedy has been suffering from degenerative joint disease and following this he underwent a complete knee arthroplasty in 2008. The record show that since his 30s Kennedy was morbidly obese and the weight caused of dis-positioning of his joints. Motion for summary judgement was filed by BNSF in which it was claimed that both the LIA and FELA claims were bared within 3 years status of limitation with the reason Kennedy knew or should have known his bilateral knee injury was because of his working activities no later than October of 2001 accordingly he had to file no later than October 2003. Considering this the court granted BNF’s motion finding that Kennedy had reason to know in 2001 his knee injury due to his work.

Issue:  In this case the issue is that did Kennedy have excuse to know his injury of knee he was treated for in 2001 was due to his employment?

Held: Kennedy claimed that until October he did not know that his knee injury is due to his employment. He recognized it in 2006 when his medical record reflected showed that his knee injury is linked to his employment.

Case Discussion On Kennedy v. BNSF Railway Corporation Submitted by Dated Case: Kennedy v. BNSF Railway Corporation Fact: In this case, the appeal was made by the Philip Kennedy to the trial court’s order in which court granted Railway Corporation Burlington Northern Santa Fe Railway Company motion for summary judgement. The case was held when Kennedy brought a case against BNSF on 8th May, 2008 under the Locomotive Inspection Act (LIA) and Federal Employers Liability Act (FELA). Kennedy reported his bilateral injury of his neck, back and knee due to the repetitive and cumulative trauma during the period he was serving BNSF as a locomotive engineer. In October 2001 Kennedy visited Dr. Ogle as he felt pain in right knee. The right knee X-ray exposed a progressive degenerative change but there was no definite abnormality. Next month in November, Kennedy again visit Dr. Ogle asserting that he is feeling better with his knee and continue taking an anti-inflammatory for a foot injury. Kennedy had to have surgery on his foot. In the month of June in 2002, Kennedy again visited Dr but this time he visited Dr. Fike and complained him about his bilateral knee pain. In this treatment it was diagnosed that Kennedy has been suffering from degenerative joint disease and following this he underwent a complete knee arthroplasty in 2008. The record show that since his 30s Kennedy was morbidly obese and the weight caused of dis-positioning of his joints. Motion for summary judgement was filed by BNSF in which it was claimed that both the LIA and FELA claims were bared within 3 years status of limitation with the reason Kennedy knew or should have known his bilateral knee injury was because of his working activities no later than October of 2001 accordingly he had to file no later than October 2003. Considering this the court granted BNF’s motion finding that Kennedy had reason to know in 2001 his knee injury due to his work. Issue:In this case the issue is that did Kennedy have excuse to know his injury of knee he was treated for in 2001 was due to his employment? Held: Kennedy claimed that until October he did not know that his knee injury is due to his employment. He recognized it in 2006 when his medical record reflected showed that his knee injury is linked to his employment. In this concern Court learnt that whether the prior incidents of Kennedy’s knee problem were sufficient to show when he should knew was linked to his job was an unresolved question of fact. Following this, the until 2006, the bilateral knee problem did not rise, however Kennedy had been suffering from the problems with bilateral knees for years and had been using anti-inflammatory, did not alone found that Kennedy knew and should have known about his suffering from a cumulative injury of knee which is in the result of his job at BNSF. Following this, trail Court’s granting of summary judgement was reversed by Court. Decision:In this decision court followed the case such plaintiff experienced pain in past but he did not file suit for a number of year until he discerned pain. Accordingly, they are an image of the fact definite injury of the finding rule.

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Category Sales and Distribution Management
Paper Type APA
Reference Type dissertation
Words 544

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