HUNTSINGER v. BNSF RY. CO.

A156588.

398 P.3d 403 (2017)

286 Or.App. 84

Jerald C. HUNTSINGER, Plaintiff-Appellant, v. BNSF RAILWAY COMPANY, Defendant-Respondent.

Court of Appeals of Oregon.

June 7, 2017.


Attorney(s) appearing for the Case

Cody Hoesly , Portland, argued the cause for appellant. With him on the briefs was Larkins Vacura LLP.

Wendy M. Margolis , Portland, argued the cause for respondent. With her on the brief was Cosgrave Vergeer Kester LLP.

Before Ortega, Presiding Judge, and DeVore, Judge, and Garrett, Judge.


Plaintiff, a railroad employee, was injured when he fell from defendant's locomotive while preparing a train for departure. He brought negligence claims against defendant under the Federal Employers' Liability Act (FELA), 45 USC §§ 51-60, basing five of his claims on violations of the Locomotive Inspection Act (LIA), 49 USC...

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