BNSF Railway Company (Individually and as Successor-In-Interest to the Burlington Northern, Inc., Burlington Northern & Santa Fe Railway Company and Atchison Topeka and Santa Fe Railway Company) v. Leonard A. Baca ( 2018 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-17-00168-CV
BNSF Railway Company § From the 48th District Court
(Individually and as Successor-in-
Interest to the Burlington Northern, § of Tarrant County (048-267301-13)
Inc., Burlington Northern & Santa Fe
Railway Company and Atchison § March 29, 2018
Topeka and Santa Fe Railway
Company) § Opinion by Justice Gabriel
v.
Leonard A. Baca
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in the trial court’s order. It is ordered that the trial court’s order
denying BNSF Railway Company’s motion to exclude is reversed and the case is
remanded to the trial court for further proceedings consistent with this opinion.
It is further ordered that appellee Leonard A. Baca shall bear the costs of
this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Lee Gabriel
Justice Lee Gabriel