HEIM v. BNSF RY. CO.

No. 15-3532.

849 F.3d 723 (2017)

Kelly HEIM, Plaintiff-Appellant v. BNSF RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 27, 2017.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was James H. Kaster , of Minneapolis, MN. The following attorney(s) appeared on the appellant brief; Matthew H. Morgan , of Minneapolis, MN., Nick D. Thompson , of Minneapolis, MN and Adam W. Hansen of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was Katherine Q. Martz , of Lincoln, NE. In addition to Ms. Martz, the following attorney(s) appeared on the appellee brief; Thomas Carl Sattler , of Lincoln, NE., Bryan P. Neal , of Dallas, TX., and Micah Randall Prude , of Dallas, TX.

Before COLLOTON, MELLOY, and SHEPHERD, Circuit Judges.


Kelly Heim, a track worker for BNSF Railway Company ("BNSF"), was seriously injured when a rail rolled onto his foot. BNSF disciplined Heim for alleged violations of BNSF rules that led to this injury. Heim sued, claiming BNSF's discipline violated the employee-protections provision of the Federal Railroad Safety Act ("FRSA...

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