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MICKEY v. BNSF RY. CO.

No. ED 95110.

358 S.W.3d 138 (2011)

Lawrence MICKEY, Respondent, v. BNSF RAILWAY COMPANY, Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 10, 2012.

Application for Transfer Denied March 6, 2012.

Attorney(s) appearing for the Case

Thomas B. Weaver , Jeffery T. McPherson , William A. Brasher , Thomas L. Bell , St. Louis, MO, for Appellant.

Jerome J. Schlichter , Roger C. Denton , Michael A. Wolff , St. Louis, MO, for Respondent.

ROBERT M. CLAYTON III, Judge.

BNSF Railway Company ("BNSF") appeals the trial court's judgment entered upon a jury verdict in favor of Lawrence Mickey on his petition for negligence pursuant to the Federal Employers' Liability Act ("FELA"). We affirm.

I. BACKGROUND

Mickey began working for BNSF at age 19 as a switchman. Throughout his forty years working for BNSF, he performed various duties. These included throwing switches, climbing on and off...

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