COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-11-00250-CV

BNSF Railway Company § From the 236th District Court § of Tarrant County (236-223592-07) v. § August 1, 2013 § Opinion by Justice Dauphinot James E. Phillips § Dissent by Justice Meier

JUDGMENT This court has considered the record on appeal in this case and holds that there was no error in the trial court’s judgment. It is ordered that the judgment of the trial court is affirmed.

It is further ordered that Appellant BNSF Railway Company shall pay all of the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By _________________________________ Justice Lee Ann Dauphinot