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BAGGARLEY v. UNION PACIFIC R. CO.

081116650; A145381.

268 P.3d 650 (2011)

246 Or. App. 624

Daniel BAGGARLEY, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Respondent.

Court of Appeals of Oregon.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Maureen Leonard argued the cause for appellant. With her on the briefs was John Coletti .

Thomas M. Christ , Portland, argued the cause for respondent. With him on the brief was Cosgrave Vergeer Kester LLP.

Before Schuman, Presiding Judge, and Wollheim, Judge, and Sercombe, Judge.

WOLLHEIM, J.

Plaintiff appeals a judgment dismissing his Federal Employers' Liability Act (FELA) claims, against defendant Union Pacific Railroad Company for strict liability and negligence, based on hip injuries allegedly sustained on the job. The trial court granted defendant's motion for summary judgment after determining that, because plaintiff became aware of his work-related injuries more than three years before he filed the claims, they were barred by the three...

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