Huntsinger v. BNSF Railway Co.

Plaintiff, a railroad employee, was injured when he fell from defendant’s locomotive while preparing a train for departure. He brought negligence claims against defendant under the Federal Employers’ Liability Act (FELA), 45 USC §§ 51-60, basing five of his claims on violations of the Locomotive Inspection Act (LIA), 49 USC §§ 20701-20703, and associated federal regulations. The trial court granted summary judgment to defendant on plaintiffs LIA claims, concluding that the LIA was inapplicable because, at the time of plaintiffs injury, the locomotive was not “in use.” On appeal, plaintiff…