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MONARCH v. SOUTHERN PACIFIC TRANSP. CO.

No. A081178.

83 Cal.Rptr.2d 247 (1999)

70 Cal.App.4th 1197

Norman MONARCH, Plaintiff and Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

Review Denied July 21, 1999.

Attorney(s) appearing for the Case

Visse & Yanez, Jess P. Yanez, San Francissco, for Plaintiff and Appellant.

Michael L. Johnson, Law Department, Union Pacific Railroad Company, Thompson Coburn, Thomas R. Jayne, James W. Erwin, Sacramento, for Defendant and Respondent.

Certified for Partial Publication.*

SWAGER, J.

In a bifurcated proceeding, the jury found that appellant's action under the Federal Employers' Liability Act (hereafter the FELA) (45 U.S.C. § 51 et seq.) to recover damages for his loss of hearing was barred by the three-year statute of limitations. The court subsequently entered judgment in favor of respondent,1 and this appeal ensued.

Appellant...

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