The New Mexico Court of Appeals revived a railway worker’s suit against his employer for its alleged failure to provide him with a safe means of entering a truck.
Case: Smith v. BNSF Railway Co., No. A-1-CA-36916, 03/16/2020, unpublished.
Facts: Norman Smith worked for the BNSF Railway Co. as a mechanic. He suffered injuries in a fall as he was trying to climb into the driver’s seat of a work truck.
The truck's entry had three steps and, to the right of the door, one grab bar.
Right before he fell, the truck’s door was open, Smith’s right hand was on t...
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