Paul Parker v. Bnsf Railway Company

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAUL W. PARKER, as Personal No. 22-35695 Representative of the Estate of Curtis John Rookaird, D.C. No. 2:14-cv-00176- Plaintiff-Appellant, RAJ

v.

OPINION

BNSF RAILWAY COMPANY, a Delaware corporation,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington Richard A. Jones, District Judge, Presiding

Argued and Submitted July 13, 2023 Seattle, Washington

Filed August 9, 2024

Before: Susan P. Graber, Ronald M. Gould, and Richard A. Paez, Circuit Judges.

Opinion by Judge Gould; Dissent by Judge Graber SUMMARY *

Federal Railroad Safety Act

The panel affirmed in part and vacated in part the district court’s judgment in favor of BNSF Railway Company in an action brought under the anti-retaliation provision of the Federal Railroad Safety Act by Curtis Rookaird through his estate representative Paul Parker. After a jury found in Rookaird’s favor, this court vacated the verdict and remanded for the district court to reconsider its partial summary judgment for Rookaird on the…