Guerrero v. BNSF Railway Co.

Dist. Ct. did not err in granting defendant-railroad employer’s motion for summary judgment in plaintiff-employee’s FELA action, alleging that plaintiff suffered fatal injuries within scope of his employment while driving to work in snow storm. While Dist. Ct. based ruling on finding that plaintiff’s fatal injuries occurred at time when he was not acting within scope of his employment, Ct. of Appeals, in affirming dismissal of plaintiff’s lawsuit, held that no jury could find that defendant was negligent in any action it took or failed to take, when only action defendant took was to ask plaintiff to come to work under snowy conditions known to both plaintiff and defendant.