Heller v. BNSF Railway Co.

This appeal arises from a judgment dismissing plaintiffs claims for negligence and strict liability under the Federal Employer’s Liability Act (FELA), the federal Locomotive Inspection Act (LIA), and the Federal Railroad Safety Act of 1970 (FRSA). Plaintiff brought those claims against defendant BNSF Railway Company for hearing loss and bilateral tinnitus caused by his exposure to work-related noise. The trial court granted defendant’s motion for summary judgment based on its conclusion that plaintiffs claims were barred by the three-year limitation period in FELA, 45 USC section 56.…