Everett v. Norfolk Southern Railway Co.

Pope, Presiding Judge.

Thomas Everett, a railroad worker who suffered a hearing loss from exposure to excessively loud noises at work, brought this action against his employer under the Federal Employers’ Liability Act (FELA), 45 USC § 51 et seq. The trial court entered a judgment for the employer, ruling that Everett’s primary claim to recover for his hearing loss was barred by his failure to file suit within three years of the time his cause of action accrued, see 45 USC § 56, and that his secondary claim for aggravation of his hearing loss did not state a viable cause of action. We agree…