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Aguirre v. Union Pacific Railroad Company

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Thursday, January 24, 2013

A-12-0493, Jose Luis Aguirre (Appellant) v. Union Pacific Railroad


Douglas County, District Court Judge W. Mark Ashford


Attorney for Appellant:  James R. Welsh, Christopher Welsh (Welsh & Welsh, P.C., L.L.O.)


Attorney for Appellee:  Kyle Wallor, John M. Walker (Lamson, Dugan and Murray, LLP)


Civil Action:  Negligence


Action Taken by Trial Court:  The Douglas County District Court granted Union Pacific Railroad’s motion to dismiss, concluding the complaint was barred by the doctrine of res judicata. The district court subsequently denied Aguirre’s motion to alter or amend the court’s order granting the motion to dismiss.


Assignments of Error on Appeal:  Aguirre alleges the district court erred in (1) finding that his FELA claim and the negligence claim in this action were based on the same cause of action, (2) finding that the order of dismissal was a judgment “on the merits” for purposes of res judicata, and (3) dismissing his claim based on res judicata where his filing of the FELA action was a mistake as to the proper remedy for his claim.

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