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KANSAS CITY SOUTHERN RY. CO. v. ONEY

No. 14-11-00815-CV.

380 S.W.3d 795 (2012)

The KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant, v. Ronald K. ONEY, Individually and as Representative of the Estate of Daniel D. Oney, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Concurring and Dissenting Opinions on Daniel of Rehearing En Banc September 20, 2012.

Attorney(s) appearing for the Case

Jim Mitchell Smith , Houston, for Appellant.

Mark T. Berry , Houston, for Appellee.

Panel consists of Justices SEYMORE, BOYCE, and MIRABAL.

OPINION

CHARLES W. SEYMORE, Justice.

Appellee, Ronald K. Oney, Individually and as Representative of the Estate of Daniel D. Oney, brought a claim under the Federal Employers' Liability Act ("FELA") against The Kansas City Southern Railway Company ("KCSR"). KCSR filed a motion to dismiss based on appellee's failure to serve medical reports under Chapter 90 of the Texas Civil Practice and Remedies Code.1 The multidistrict litigation...

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