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ALBY v. BNSF RY. CO.

A17-1242.

934 N.W.2d 831 (2019)

James ALBY, Appellant, v. BNSF RAILWAY COMPANY, Respondent.

Supreme Court of Minnesota.

Filed: October 30, 2019.

Attorney(s) appearing for the Case

Mark R. Bradford , Amie E. Penny Sayler , Lauren F. Schoeberl , Bassford Remele, P.A., Minneapolis, Minnesota; and Paula M. Jossart , Jossart Law Office, LLC, Burnsville, Minnesota, for appellant.

Sam Hanson , Timothy R. Thornton , Leah Ceee O. Boomsma , Briggs & Morgan, P.A., Minneapolis, Minnesota; and Patrick Sweeney , Sweeney Law Firm, P.A., White Bear Lake, Minnesota, for respondent.

Lawrence M. Mann , Alper & Mann, P.C., Bethesda, Maryland; and Cortney S. LeNeave , Thomas W. Fuller , Hunegs, LeNeave, & Kvas, P.A., Wayzata, Minnesota, for amicus curiae Academy of Rail Labor Attorneys.

Jennifer K. Eggers , Emily A. Atkinson , Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, Minnesota, for amicus curiae Association of American Railroads.

OPINION

Appellant James Alby sued his employer, respondent BNSF Railway Company (BNSF), under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (2012). Alby claimed that he suffered cumulative trauma to his back resulting from his 20 years of employment as a conductor and engineer with the railroad...

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