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WEBER v. BNSF RY. CO.

No. DA 10-0413.

261 P.3d 984 (2011)

2011 MT 223

Heather L. WEBER, Plaintiff and Appellant, v. BNSF RAILWAY COMPANY, a Delaware corporation, Defendant and Appellee.

Supreme Court of Montana.

Decided September 13, 2011.

Attorney(s) appearing for the Case

For Appellant: Jason L. Harkins ; Harkins Law Firm, PC, Billings, Montana.

For Appellee: Jeff Hedger , Michelle T. Friend , Ronald E. Youde ; Hedger Friend P.L.L.C., Billings, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Plaintiff Heather L. Weber ("Weber") appeals from the Thirteenth Judicial District Court's judgment for defendant BNSF Railway Company ("BNSF") after a jury found no negligence by the railroad in Weber's Federal Employers' Liability Act ("FELA") claim. 45 U.S.C. §§ 51-60. Weber argues the District Court erred in dismissing her claim under the Locomotive Inspection Act ("LIA"), 49 U.S.C. §...

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