- Court: Oregon Court of Appeals
- Area(s) of Law: Employment Law
- Date Filed: 11-23-2011
- Case #: A145381
- Judge(s)/Court Below: Wollheim, J., for the Court; Schuman, P.J.; and Sercombe, J.
- Full Text Opinion
Baggarley injured his hip over a lengthy period of time at work, and he filed a claim under the Federal Employee Liability Act (FELA). Under FELA, an action must be filed within three years of the injury being discovered. Baggarley's employer, Union Pacific Railroad Company, claimed that the injury was discovered in 2004 and Baggarley did not file a claim until 2008, after the statute of limitations would have run out. The Court of Appeals held that the employee has the burden to prove that the discovery of the injury was within the three year period. This is usually a question for a jury unless only one conclusion can be drawn, in which case it goes to the judge. The Court held that here it was possible to reach more than one conclusion about the date that the injury was discovered, so summary judgment for Union Pacific was inappropriate. Reversed and remanded.