Lough v. BNSF Railway Company

Defendant drove a vehicle in course of his employment, which collided with vehicle driven by man who died 22 months after accident. Court granted Defendants' joint motion for summary judgment dismissing wrongful death counts. Treating physician testified that it was probably more true than not true that car accident and death were not connected. No evidence in record supporting conclusion that accident more probably than not contributed to decedent's death. Decedent had suffered from COPD, and causes of death on death certificate were congestive heart failure or COPD/emphysema. (LYTTON and McDADE, concurring.)