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Abstract

Robert Anderson, Plaintiff and Appellant, and BNSF Railway, Defendant and Appellee, present three separate questions on appeal: (1) were Mr. Anderson’s Federal Employers Liability Act1 (“FELA”) claims properly barred by the statute of limitations per a jury determination; (2) should a negligent work assignment theory replace the discovery rule in cumulative injury cases; and (3) did BNSF’s council make improper arguments at trial such as to deprive Anderson of a fair trial.

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