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SABALKA v. BURLINGTON NORTH., SANTA FE RY.

No. WD 57971.

54 S.W.3d 605 (2001)

Thomas SABALKA, Appellant, v. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Respondent.

Missouri Court of Appeals, Western District.

Decided June 29, 2001.

Motion for Rehearing and/or Transfer Denied August 28, 2001.

Application for Transfer Denied October 23, 2001.

Attorney(s) appearing for the Case

Kenneth E. Rudd, St. Louis, for Appellant.

Douglas R. Dalgleish, Kansas City, for Respondent.

Before LAURA DENVIR STITH, P.J., JAMES M. SMART, JR. and VICTOR C. HOWARD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 28, 2001.

SMART, Judge.

This is an appeal from a lawsuit filed by Appellant Thomas Sabalka against Respondent Burlington Northern and Santa Fe Railway ("the Railroad"), his employer, under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51, et seq. Sabalka alleged in his FELA complaint that he suffered personal injuries to...

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