SEMO Services, Inc. v. BNSF Railway Company (2022)

Citation: SEMO Services, Inc. v. BNSF Railway Company (2022)
Parent Document: SEMO Services, Inc. v. BNSF Railway Company (2022)
Jurisdiction: Missouri (state)
Effective Date: 2022-12-13
Original Source: https://www.courtlistener.com/opinion/10630559/semo-services-inc-v-bnsf-railw... ↗

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On March 1, 2010, BNSF entered into a “Derailment and General Services Agreement”
with RJC to provide “special equipment and specially trained personnel” for various railway
services across a multi-state region, including derailment emergencies in return for
compensation. Paragraph 17 specifically addresses the use of subcontractors, providing that any
subcontractor “shall be deemed the agent of the Contractor (RJC).” Although BNSF maintained
“overall management of the scene . . . the Railroad (BNSF) shall not directly supervise, instruct,
divert, or utilize any personnel of Contractor or any of Contractor’s subcontractors ....” In
addition, their contract included a Targeted Annual Net Revenue (TANR) agreement where RJC
guaranteed geographic coverage for BNSF. In exchange, RJC received a guaranteed sum
including the “markup” cost that RJC charged BNSF for subcontractor work.

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