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Abromeit v. Montana Rail Link, Inc.

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  • Abromeit v. Montana Rail Link, Inc.

    Date Decided: Sep 15th, 2010
    Decided By: Montana District Court (Federal)
    Court: D.Mont.
    Citation: 2010 WL 3724425

    Background:
    Plaintiff, a railroad worker, brought this FELA actionagainst Montana Rail Link (Employer) for injuries sustained while plaintiff wasworking on the railroad tracks. Plaintiff alleges that he was injured on two distinct occasions. First, he was injured while insertingrailroad spikes into ties when his hydraulic hammer became entangled. Second, he was injured when lost hisfooting when the surface of the track adjacent to a new railroad tie gave way,causing him injury by exacerbating his previous injury. Plaintiff's complaint alleged a claimunder the Federal Employer's Liability Act, and he bolstered his argument byciting various violations of railroad safety statutes. Defendant filed a motion for summaryjudgment, arguing that plaintiff is (1) limited to the specific causes ofaction and theory of recovery that plaintiff identified in his preliminarypretrial statement, and that (2) plaintiff theories of recovery do not providea basis for recovery. With regard tothis second point, the plaintiff alleged that the Federal Railroad Safety Actprecluded plaintiffs negligence claim under the FELA.


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