Monarch v. Southern Pacific Transportation Co.

Opinion

SWAGER,

J. — In a bifurcated proceeding, the jury found that appellant’s action under the Federal Employers’ Liability Act (hereafter the FELA) (45 U.S.C. § 51 et seq.) to recover damages for his loss of hearing was barred by the three-year statute of limitations. The court subsequently entered judgment in favor of respondent, 1 and this appeal ensued.

Appellant complains that the trial court erred by bifurcating the statute of limitations issue, altering the order of proof, excluding evidence of equitable estoppel, instructing the jury, and dismissing his fraud cause of action. We find…