Womack v. Union Pacific Railroad Company

Filing 55

ORDER for reasons set forth in the 54 Memorandum Opinion, Defendant's 35 Motion for Summary Judgment is granted in part and denied in part. Plaintiff's claim under the Federal Safety Appliance Act is DISMISSED WITH PREJUDICE. Signed by Honorable Susan O. Hickey on March 26, 2012. (mfr)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

JAMES W. WOMACK

v.

PLAINTIFF

Case No. 4:09-CV-04116

UNION PACIFIC RAILROAD COMPANY

DEFENDANT

ORDER
Before the Court is a Motion for Summary Judgment filed by Defendant Union Pacific
Railroad Company. (ECF No. 35). Plaintiff has filed a response (ECF No. 49) and Defendant has
replied. (ECF No. 52). Upon consideration, for the reasons set forth in the Memorandum Opinion
of even date, the Court finds that the motion should be and hereby is GRANTED IN PART and
DENIED IN PART. Plaintiff’s claim under the Federal Safety Appliance Act, 49 U.S.C. §
20301 et seq., is hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED, on this 26th day of March, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge