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JACOBS v. DAKOTA, MINNESOTA & EASTERN R.R.

Nos. 25811, 25827.

806 N.W.2d 209 (2011)

2011 S.D. 68

Donald JACOBS, Plaintiff and Appellee, v. DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, A Delaware Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 12, 2011.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. of Johnson, Heidepriem & Abdallah, LLP Sioux Falls, South Dakota, Rick A. Ribstein of McCann, Ribstein, & McCarty, PC, Brookings, South Dakota, Gregory T. Yaeger of Yaeger, Jungbauer & Barczak, PLC Saint Paul, Minnesota, Attorneys for plaintiff and appellee.

Brian J. Donahoe, Onna B. Houck, William D. Sims of Cutler & Donahoe LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

MEIERHENRY, Retired Justice.

[¶ 1.] Donald Jacobs worked for Dakota, Minnesota, & Eastern Railroad Corporation (DM & E). Jacobs was injured on the job when he fell on snow-covered ice. Jacobs suffered severe injuries to his elbow and shoulder as a result. He subsequently filed a personal injury claim under the Federal Employers' Liability Act (FELA), which permits suit against railroads for an employee's injury that "result[s] in whole or in part from...

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