Theopholia Thomas v. Bnsf Railway Company

Supreme Court of Louisiana
December 09, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
THEOPHOLIA THOMAS
VS.
BNSF RAILWAY COMPANY
No. 2025-C-01197
_ _
_ _ _ _
I
N RE: BNSF Railway Company - Applicant Defendant; Applying For Writ Of
Certiorari, Parish of St. Mary, 16th Judicial District Court Number(s) 131516, Court
of Appeal, First Circuit, Number(s) 2023 CA 1209;
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December 09, 2025
Writ application granted - see briefing notice and Order.
JDH
JLW
WJC
JBM
PDG
JMG
CRC
12/09/2025 "See News Release 053 for any Concurrences and/or Dissents."

Supreme Court
STATE OF LOUISIANA
New Orleans
CHIEF J U S TICE
J OHN L. WEIMER
J U S TICES
W ILLIAM J . CRAIN
J OHN MICHAEL GUIDRY
CADE R. COLE
J AY B. MCCALLUM
J EFFERSON HUGHES
PIP ER D. GRIFFIN
S
ixth Dis trict
F
irs t Dis trict
S e co n d Dis trict
Th ird Dis trict
Fo u rth Dis trict
Fifth Dis trict
Seventh D istri ct
V
ERONI CA O. KOCL ANES
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORL EANS, L A 70130 -8102
T
ELEPHONE (504) 310 -2300
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December 09, 2025
2025-C-01197 THEOPHOLIA THOMAS VS. BNSF RAILWAY
COMPANY
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED December 09, 2025
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please be advised that the above -captioned matter will be set for oral argument on the
issue of liability only on this Court's next available docket. A copy of the official docket
with the specific date and time of oral argument will be mailed out.
Please note Section 8 of Rule VII of the Rules of this Court provides that the applicant
or relator, as the case may be, must file their briefs on or before January 5, 2026; and
the respondent on or before January 23, 2026.
Or
al argument will be waived if brief is untimely filed. Briefs submitted on legal sized
paper should be fastened at the top. All briefs should be backed with the customary
"Blueback" or other flexible material. In criminal proceedings, the court directs that
counsel must file a brief. Failure to do so may subject counsel to a penalty of contempt of
Court.
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be
deemed timely filed if mailed on or before the due date. If the brief is received by mail on
the first legal day following the expiration of the delay, there shall be a rebuttable
presumption that it was timely filed. In all cases where the presumption does not apply,
the timeliness of the mailing shall be shown only by an official United States postmark or
by official receipt or certificate from the United States Postal Service, or bona fide
commercial mail services such as Federal Express or United Parcel Service, made at the
time of mailing which indicates the date thereof. Any other date stamp, such as a private
commercial mail meter stamp, or label from an Automated Postal Center, shall not be used
to establish timeliness.
Briefs forwarded by private delivery or courier service shall be deemed timely filed only
if received by the clerk on or before the last day of the delay for filing.
Regards
,
Ryan Chan
Deputy Cle
rk
RC: RC

ccs: All Counsel
Hon. Keith R J Comeaux
Hon. Greg Aucoin
Hon. Rodd Naquin, Clerk
16th Judicial District Court: 131516 - Div:E
Court of Appeal, First Circuit: 2023 CA 1209