BNSF RY. CO. v. SEATS, INC.

No. 17-1399.

900 F.3d 545 (2018)

BNSF RAILWAY COMPANY, a Delaware Corporation authorized to do business in Nebraska, Plaintiff-Appellant v. SEATS, INCORPORATED, a Wisconsin Corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 13, 2018.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Marianne Auld , of Fort Worth, TX. The following attorney(s) also appeared on the appellant brief; Nichole S. Bogen and Andrew D. Weeks , of Lincoln, NE., and Jody S. Sanders , of Fort Worth, TX.

Counsel who presented argument on behalf of the appellee was Edward King Poor , of Chicago, IL. The following attorney(s) also appeared on the appellee brief; Anthony P. Steinike and J. Michael Hearon , of Chicago, IL.

Before WOLLMAN, BENTON, and STRAS, Circuit Judges.


A BNSF engineer was injured when the backrest of his locomotive seat broke. He sued the BNSF Railway Company, claiming the seat did not comply with the federal standards in the Locomotive Inspection Act (LIA). The LIA requires locomotives, their parts, and appurtenances be "in proper condition and safe to operate without unnecessary...

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