Justice GORDON delivered the opinion of the court:
Plaintiff Joseph M. Sutherland filed a three-count complaint against his former employer, Norfolk Southern Railway Company (Norfolk Southern). Counts I and II sought relief under the Federal Employers' Liability Act (FELA) (45 U.S.C. § 51 et seq. (2000)) and the Federal Boiler Inspection Act (FBIA) (49 U.S.C. § 20701 (2000)), respectively, for personal injuries Sutherland sustained while employed...
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