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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SEMO’s claim for tortious interference with a business expectancy also fails because
SEMO could not reasonably anticipate continued business with RJC on BNSF projects. BNSF
admits in its ‘Statement of Material Facts,’ that it “has no right to direct or control RIC
employees .. . and has no right to select, hire, train or fire RJC’s employees.” BNSF further
admits that any of RIC’s subcontractors “shall be deemed the agent of Contractor, and
Contractor shall be responsible for Work of subcontractors to the same extent as if Contractor
had provided services itself.” In addition, the contractual agreement between BNSF and RJC
provides that BNSF agrees that it shall “not directly supervise, instruct, divert, or utilize any
personnel of Contractor or any of Contractor’s subcontractors ... .”

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