Lecy v. Burlington Northern & Santa Fe Railway Co.

OPINION

G. BARRY ANDERSON, Judge.

This appeal arises out of an action brought under the Federal Employers Liability Act (FELA), 45 U.S.C. § 51 (2002). The district court granted summary judgment in favor of respondent Burlington Northern and Santa Fe Railway Company, concluding that appellant’s claims for damages associated with knee injuries are barred by the FELA three-year statute of limitation. Appellant argues that summary judgment was granted in error, because his cause of action arose within the three-year statute of limitations and respondent’s continuing negligence tolled the statute…