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HOWELL v. EASTERN IDAHO R.R., INC.

No. 25867.

24 P.3d 50 (2001)

135 Idaho 733

Kyle HOWELL, Plaintiff-Respondent, v. EASTERN IDAHO RAILROAD, INC., a corporation, Defendant-Appellant.

Supreme Court of Idaho, Twin Falls, March 2001 Term.

May 8, 2001.

Attorney(s) appearing for the Case

Berman, Gaufin, Tomsic, Savage & Campbell, Salt Lake City, UT; Ingram Law Office, Burley, for appellant. Casey K. McGarvey argued.

The Crow Law Firm, Sacramento, CA; Robert O. Eldredge, Pocatello, for respondent. Donald S. Britt argued.

EISMANN, Justice.

Eastern Idaho Railroad, Inc., appeals from a judgment entered against it under the Federal Employers' Liability Act, 45 U.S.C. §§ 51 et seq. We affirm the judgment.

I.

FACTS AND PROCEDURAL HISTORY

On January 26, 1996, Kyle Howell was injured while employed by the Eastern Idaho Railroad, Inc. (Railroad). He was part of a three-man crew whose job it was to pick up full railroad cars from industrial customers...

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