BNSF Railway Co. v. Phillips (Per Curiam)
Annotate this CasePlaintiff began working for BNSF Railway Company’s predecessor-in-interest in 1974 and, approximately five years later, began to ride on locomotives as a breakman. While riding on the locomotives, Plaintiff alleged that he suffered long-term vibratory exposure resulting in an occupational injury. Plaintiff sued BNSF under the Federal Employers’ Liability Act (FELA) and the Locomotive Inspection Act (LIA) to recover damages. After a jury trial, the trial court rendered judgment awarding Plaintiff $1.9 million in costs and damages. BNSF appealed, arguing that there was no evidence to support the jury’s finding that Plaintiff’s lawsuit was timely filed. The court of appeals affirmed. The Supreme Court reversed and rendered judgment that Plaintiff take nothing, holding that Plaintiff’s claim was time-barred.
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