BNSF Railway Company v. James E. Phillips

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00250-CV
BNSF Railway Company § From the 236th District Court
§ of Tarrant County (236-223592-07)
v. § May 22, 2014
§ Opinion by Justice Dauphinot
James E. Phillips § Dissent by Justice Meier
JUDGMENT ON REHEARING
After considering the Appellant’s motions for rehearing and reconsideration
en banc, Appellee’s response, and Appellant’s reply, this court denies the motion
for reconsideration en banc in a separate order today, and we deny the motion
for rehearing. We withdraw our August 1, 2013 opinions and judgment and
substitute the following.
This court has again considered the record on appeal in this case and
holds that there was no error in the trial court’s judgment. It is ordered that the
judgment of the trial court is affirmed.
It is further ordered that Appellant BNSF Railway Company shall pay all
costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Lee Ann Dauphinot______________
Justice Lee Ann Dauphinot