Cordova

Cordova v. BNSF Railway CA4/2

Good Law
Court of Appeal of CaliforniaNovember 6, 2014E056223California4,016 words

Opinion

Opinion

INTRODUCTION

Defendant and appellant BNSF Railway Company (hereafter referred to as BNSF)

appeals from an order denying its motion for entry of acknowledgement of full

satisfaction of judgment, pursuant to Code of Civil Procedure, section 724.050.1 BNSF

also contends that the court improperly allowed interest to accrue after it had tendered

payment of the judgment. We will affirm the judgment.

BACKGROUND

Plaintiff and respondent Randall P. Cordova, employed by defendant BNSF as a

carman, was injured on the job when an angle cock2 he was repairing flew off the

assembly and struck him in the face. He filed suit under the Federal Employers’ Liability

Act (45 U.S.C. § 51 et seq.), alleging several theories under which BNSF could be held

liable for negligence. The trial court granted BNSF’s motion for summary judgment.

Cordova appealed. We found that the trial court properly granted summary adjudication

as to one of the theories of negligence Cordova alleged, but we reversed and remanded

for further proceedings as to his other theories. (Cordova v. BNSF Railway Company

1 All further statutory citations refer to the Code of Civil Procedure unless another code is…

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