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BOUDE v. UNION PACIFIC R. CO.

No. DA 11-0412.

277 P.3d 1221 (2012)

2012 MT 98

Phillip R. BOUDE, Plaintiff and Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant and Appellee.

Supreme Court of Montana.

Decided May 2, 2012.

Attorney(s) appearing for the Case

For Appellant: John W. Hart , Rossbach Hart, P.C., Missoula, Montana, John T. Papa , Todd A. Neilson , Callis, Papa, Hale, Szewczyk & Danzinger, P.C., Granite City, Illinois.

For Appellee: J. Daniel Hoven , Sara S. Berg , Daniel J. Auerbach , Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 On August 9, 2007, Philip Boude filed a Federal Employers' Liability Act (FELA) claim against his employer, Union Pacific Railroad Company, asserting that he experienced a work-related injury on July 29, 2006, due to the Railroad's negligence. Following a seven-day trial in the First Judicial District Court, a jury ruled in favor of Union Pacific. Boude appeals. We reverse and remand.

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