In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-21-00425-CV DONNA PAYNE, INDIVIDUALLY AND § On Appeal from the 348th District Court AS REPRESENTATIVE OF THE ESTATE OF NEIL HARRAH, Appellant

V. § of Tarrant County (348-330474-21) BNSF RAILWAY COMPANY, (INDIVIDUALLY AND AS SUCCESSOR-IN INTEREST TO THE BURLINGTON NORTHERN & SANTA FE RAILWAY § July 14, 2022 COMPANY, ATCHISON AND QUINCY RAILROAD COMPANY, BURLINGTON NORTHERN, INC., AND BURLINGTON NORTHERN RAILROAD COMPANY), Appellee § Opinion by Justice Wallach

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 Donna Payne, individually and as representative of the Estate of Neil Harrah shall pay all of the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By __/s/ Mike Wallach__________________ Justice Mike Wallach