Kevin RAINS, Plaintiff-Appellant v. BNSF RAILWAY COMPANY, doing business as The Burlington Northern and Santa Fe Railroad Company, Defendant-Appellee, 326 F. App'x 306

PER CURIAM: Kevin Rains sued his employer, BNSF Railway Company (“BNSF”), under the Federal Employer’s Liability Act (“FELA”), 45 U.S.C. § 51, for injuries he suffered from falling while inspecting a train stopped on a bridge. The district court granted

summary judgment for BNSF after finding no evidence that BNSF’s negligence caused Rains’s fall and injuries. Rains appeals. We find that the district court erred in construing the complaint to include only allegations that BNSF’s negligence caused Rains’s fall. Rains adequately pled the theory that BNSF’s negligence increased his injuries, and the district court should have considered this in analyzing BNSF’s motion for

summary judgment. Having reviewed the briefs, pertinent portions of the record, and oral argument, and mindful of the weakened proximate-cause standard applied in FELA cases, a genuine issue of material fact exists as to whether BNSF’s negligence played a

part in producing Rains’s injuries. We therefore reverse the grant of

summary judgment and remand for trial. REVERSED AND REMANDED. Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.