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Jerry Nichols, an employee of Pabtex, Inc., suffered a foot amputation on December 4, 1998, while performing duties at Pabtex's Port Arthur, Texas facility. He filed suit against Pabtex, The Kansas City Southern Railway Company (KCSR), and Kansas City Southern Industries, Inc. (KCSI) under the Federal Employers Liability Act (FELA), Safety Appliance Act (SAA), Texas Railroad Liability Act (TRLA), and general negligence. Defendants moved for summary judgment, contending Pabtex was not a FELA common carrier, the alter ego/single business enterprise doctrines were inapplicable, and Nichols was estopped from FELA recovery due to accepting workers' compensation benefits. The court denied all motions, finding genuine issues of material fact regarding Pabtex's common carrier status and its corporate relationship with KCSR, and rejecting the estoppel arguments.
Nichols v. Pabtex, Inc. is a workers' compensation case decided in District Court, E.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, E.D. Texas.
Full Decision Text1 Pages
Jerry Nichols, an employee of Pabtex, Inc., suffered a foot amputation on December 4, 1998, while performing duties at Pabtex's Port Arthur, Texas facility. He filed suit against Pabtex, The Kansas City Southern Railway Company (KCSR), and Kansas City Southern Industries, Inc. (KCSI) under the Federal Employers Liability Act (FELA), Safety Appliance Act (SAA), Texas Railroad Liability Act (TRLA), and general negligence. Defendants moved for summary judgment, contending Pabtex was not a FELA common carrier, the alter ego/single business enterprise doctrines were inapplicable, and Nichols was estopped from FELA recovery due to accepting workers' compensation benefits. The court denied all motions, finding genuine issues of material fact regarding Pabtex's common carrier status and its corporate relationship with KCSR, and rejecting the estoppel arguments.
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