Wilkerson v. Burlington Northern Railroad

Thomas Edison Wilkerson appeals a summary judgment in favor of Burlington Northern Railroad Company (“BN”) and Illinois Central Railroad Company (“IC”), on his claims under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. (“FELA”). Wilkerson worked as a machinist for IC from 1950 to 1951 and from 1953 to 1983. In 1983, when BN purchased IC’s machine shop, Wilkerson began working for BN and continued working there until he retired. Wilkerson was medically tested for asbestos-related health risks in 1984, after he had attended •a special union meeting during which he was advised of…