Legal Opinion
Steven D. ROBERTSON, Plaintiff-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Corporation, Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided July 5, 1994No. 93-35135PublishedCited by 32 opinions
1Opinion of the Court
DAVID R. THOMPSON, Circuit Judge:
Steven D. Robertson sued Burlington Northern Railroad Company under the Federal Employers’ Liability Act (FELA). He alleged he sustained a hearing loss and tinnitus (ringing in the ears) because during his employment Burlington Northern exposed him to excessive noise. Trial was before a jury. The court admitted evidence of noise standards established by the Occupational Safety and Health Act (OSHA), even though it is conceded the OSHA standards do not apply to the railroad industry.
The jury returned a verdict for Robertson. It determined his damages as a…
2Cases cited9 opinions
- United States v. RayCourt of Appeals for the Ninth Circuit · 1984
- Charles A. Ries, III v. National Railroad Passenger Corporation, A/K/A Amtrak National Railroad Passenger CorporationCourt of Appeals for the Third Circuit · 1992
- Winston B. Lewy v. Southern Pacific Transportation CompanyCourt of Appeals for the Ninth Circuit · 1986
- Robert Lee Skinner v. Harold J. Cardwell, WardenCourt of Appeals for the Ninth Circuit · 1977
- Michael Pratico v. Portland Terminal CompanyCourt of Appeals for the First Circuit · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Schultz v. NORTHEAST ILL. REGIONAL COMMUTER RAILROAD CORP.Illinois Supreme Court · 2002
- Vito Tufariello v. Long Island Railroad Company, Docket No. 05-1945-CvCourt of Appeals for the Second Circuit · 2006
- Darryl W. Elliott v. S.D. Warren CompanyCourt of Appeals for the First Circuit · 1998
- Kristi W. Dorn, Personal Representative Est Larry M. Dorn v. Burlington Northern Santa Fe Railroad CompanyCourt of Appeals for the Ninth Circuit · 2005
- UNITED STATES of America, Plaintiff-Appellee, v. Eural WILLS, II, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996
27 more not listed; retrieve them via the Exa API.