Anderson v. BNSF Railway, 2015 MT 240 (Aug. 12, 2015) (Shea, J.; Wheat, J., concurring; McKinnon, J., dissenting) (6-1, rev’d)
Issue: (1) Whether the district court erred in allowing the statute of limitations to be decided as a fact question; (1.a) whether the continuing tort doctrine applies to cumulative trauma injuries under FELA; (1.b) whether an employee can recover under FELA for aggravation of a time-barred injury; (1.c) whether non-disabling aches and pains constitute an injury under FELA; and (2) whether counsel for BNSF made improper comments that deprived Anderson of a fair trial.
Short Answer: (1) No; (1.a) no; (1.b) yes; (1.c) no; and (2) yes.
Reversed and remanded for new trial
Facts: Robert Anderson worked for BNSF for more 30 years, primarily as a carman inspecting and repairing railroad cars in Havre.…