THOMPSON, J.
This is a wrongful death action brought under the Federal Employers' Liability Act, 45 U.S.C. § 51 (FELA) and Washington law.
Edward Sehlin, at the time of his death, was a member of a work crew attempting to rerail a freight car. The Chicago, Milwaukee, St. Paul and Pacific Railroad Company (Milwaukee Road or Railroad), Mr. Sehlin's employer, had rented a D-8 Caterpillar bulldozer (Cat) from Cresto and Lanphere, Inc. (Cresto). Cresto also...
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