Anderson v. BNSF Railway

¶1 Plaintiff, Robert Anderson, appeals from a judgment of the Eighth Judicial District Court, Cascade County, following a jury verdict against Anderson and in favor of BNSF Railway Company. We reverse and remand for a new trial.

¶2 We restate the issues on appeal as follows:

1. Should the District Court have decided the statute oflimitations question as a matter of law?

a. Does the continuing tort doctrine apply to cumulative trauma injuries under the FELA?

b. Can an employee recover under the FELA for aggravation of a time-barred injury?

c. Do non-disabling aches and pains constitute an “injury*…