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163687P.pdf   05/22/2017  Shawn Royal  v.  MO & Northern AR Railroad
   U.S. Court of Appeals Case No:  16-3687
   U.S. District Court for the Western District of Arkansas - Texarkana   
[PUBLISHED] [Gruender, Author, with Murphy and Kelly, Circuit Judges] Civil Case - Federal Employers' Liability Act. Royal, an employee of North American Railway Services, an independent contractor providing maintenance services to railroad companies, including Missouri & Northern Arkansas Railroad Company (MNA), was injured while working for MNA. In Royal's suit against MNA for damages under the Federal Employers' Liability Act and for negligence under Arkansas law, the district court's grant of summary judgment to MNA is affirmed. Royal was not an employee of MNA, a borrowed servant, a dual servant or a subservant, as no reasonable jury could find that MNA controlled or had the right to control Royal's work. MNA did not have a duty to warn Royal of the well-known dangers and the negligence claim fails as a matter of law.