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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While this standard contractual language appears to allow RJC and its subcontractors to
perform work obligations within the scope of the contract while free of any intrusion by BNSF,
BNSF is not unconditionally prohibited from interfering in the SEMO/BNSF work relationship,
as SEMO suggests. More specifically, as previously noted, the last sentence in Paragraph 10 of
the agreement between RJC and SEMO mandates: “Notwithstanding any of the foregoing,
Subcontractor shall forthwith remove any of its employees from any RJC jobsite upon
instructions by RJC or RJC’s customer (BNSF) to do so.” This provision effectively nullifies any
“valid business expectancy.” Rhodes Eng’g Co., Inc. y. Pub. Water Supply Dist. No. 1 of Holt
Co., 128 S.W.3d 550, 566 (Mo. App. W.D. 2004).

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