Sutherland v. Norfolk Southern Railway Co.

Plaintiff Joseph M. Sutherland filed a three-count complaint against his former employer, Norfolk Southern Railway Company (Norfolk Southern). Counts I and II sought relief under the Federal Employers’ Liability Act (FELA) (45 U.S.C. § 51 et seq. (2000)) and the Federal Boiler Inspection Act (FBIA) (49 U.S.C. § 20701 (2000)), respectively, for personal injuries Sutherland sustained while employed by Norfolk Southern. Count III was a common-law claim for retaliatory discharge. The circuit court granted Norfolk Southern’s motion to dismiss count III. For the reasons that follow, we affirm.

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