October 22, 2019 Practice Points

Missouri Appellate Court Restores Suit against Kansas City Southern

The case involves a collision between a bus filled with Mexican nationals and a train at a railroad crossing in Mexico.

By David Y. Loh

In Jose Rabago v. Kansas City Southern, the Missouri Court of Appeals, Eastern District found that the trial court abused its discretion in finding that plaintiffs had an alternative available forum and reversed the trial court’s determination that plaintiffs’ suit should be dismissed on the basis of forum non conveniens. To understand the significance of this decision, it is important to review the underlying facts of this dispute and analyze the court’s reasoning in reaching its decision.

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