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VILLA v. BURLINGTON NORTHERN AND SANTA FE

No. 04-1432.

397 F.3d 1041 (2005)

Jose VILLA, Appellee, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Appellant. Association Of American Railroads, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 7, 2005.

Attorney(s) appearing for the Case

Michael W. Thrall, argued, Des Moines, IA, for appellant.

Richard A. Haydu, argued, Chicago, IL, for appellee.

Before WOLLMAN, HEANEY, and FAGG, Circuit Judges.

WOLLMAN, Circuit Judge.

Burlington Northern Santa Fe Railway Company (BNSF) appeals from the judgment entered by the district court1 on the jury verdict in favor of Jose Villa. We affirm.

I.

Villa, an assistant foreman for BNSF, was injured on October 27, 1999, when the hydraulic spike puller that he was using to remove spikes from the anchor plates on the railway roadbed kicked back, struck him in the stomach, and caused...

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