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HELLER v. BNSF RY. CO.

100201861; A148820.

331 P.3d 1079 (2014)

264 Or. App. 247

Richard K. HELLER, Plaintiff-Appellant, v. BNSF RAILWAY COMPANY, a corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided July 16, 2014.

Attorney(s) appearing for the Case

Rick Pope argued the cause for appellant. With him on the briefs were Stephen C. Thompson and Kirklin Thompson & Pope LLP.

Thomas M. Christ argued the cause for respondent. With him on the brief was Cosgrave Vergeer Kester LLP.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.

ARMSTRONG, P.J.

This appeal arises from a judgment dismissing plaintiff's claims for negligence and strict liability under the Federal Employer's Liability Act (FELA), the federal Locomotive Inspection Act (LIA), and the Federal Railroad Safety Act of 1970 (FRSA). Plaintiff brought those claims against defendant BNSF Railway Company for hearing loss and bilateral tinnitus caused by his exposure to work-related noise. The trial court granted defendant's motion for...

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