Legal Opinion
Fair v. BNSF Railway Co.
California Court of Appeal
Decided June 30, 2015No. F068769PublishedCited by 16 opinions
1Opinion of the Court
Opinion
GOMES, J.
Plaintiff Delton R. Fair was working on the railroad. After he injured his back and knee while trying to throw a switch, he brought this *274action against BNSF Railway Company (BNSF) under the federal Employers’ Liability Act (FELA) (45 U.S.C. § 51 et seq.), alleging that he was injured as a result of BNSF’s negligence. A jury found in Fair’s favor and awarded him a total of $3,216,000 in damages.
BNSF’s primary argument on appeal is that the Federal Railroad Safety Act of 1970 (FRSA) (49 U.S.C. § 20101 et seq.), and the regulations promulgated thereunder, preclude Fair’s FELA…
2Cases cited34 opinions
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Lorillard v. PonsSupreme Court of the United States · 1978
- Urie v. ThompsonSupreme Court of the United States · 1949
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
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3Cited by16 opinions
- In re Anheuser-Busch Beer Labeling Marketing & Sales Practices LitigationCourt of Appeals for the Sixth Circuit · 2016
- People v. BushCalifornia Court of Appeal · 2017
- Cottles v. Norfolk Southern Railway Co.Supreme Court of Alabama · 2016
- Winford Hartry v. Ron Johnson Jr. Enterprises, Inc.Court of Appeals of Georgia · 2018
- NORFOLK SOUTHERN RAILWAY COMPANY v. HARTRYSupreme Court of Georgia · 2019
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