Monarch

J. — In a bifurcated proceeding, the jury found that appellant’s action under the Federal Employers’ Liability Act (hereafter the FELA) ( 45 U.S.C. § 51 et seq.) to recover damages for his loss of hearing was barred by the three-year statute of limitations. The court subsequently entered judgment in favor of respondent, and this appeal ensued.

Appellant complains that the trial court erred by bifurcating the statute of limitations issue, altering the order of proof, excluding evidence of equitable estoppel, instructing the jury, and dismissing his fraud cause of action. We find that no prejudicial errors were committed, and affirm the judgment.

Statement of Facts

Appellant began his employment with Southern Pacific in 1963, and worked thereafter as a switchman, brakeman, and conductor. During the course of his employment duties until 1990, appellant was regularly subjected to loud, irritating noises from the locomotive engine, wheels and train whistle. The intensity of the noise varied with appellant’s location on the train and the duties he performed. Southern Pacific never informed appellant that the “noise” he experienced would cause permanent harm to his…