Loos v. BNSF Railway Co., No. 15-3355 (8th Cir. 2017)Annotate this Case
Plaintiff filed suit against BNSF, alleging a retaliation claim under the Federal Railroad Safety Act (FRSA) and a negligence claim under the Federal Employers Liability Act (FELA). The Eighth Circuit affirmed the district court's grant of summary judgment on the FRSA claim, holding that the evidence did not raise a genuine dispute that retaliatory motive prompted by protected activity contributed to plaintiff's dismissal and thus plaintiff failed to make a prima facie case. The court also held that the RRTA was unambiguous and did not include damages for lost wages within the definition of "compensation." Therefore, the regulations providing to the contrary received no deference under Chevron and the court affirmed the district court's decision on this alternate basis. The court need not consider whether it was correct that 26 U.S.C. 104(a)(2) applied to the RRTA. Accordingly, the court affirmed the grant of summary judgment as to this issue.