Silas E. Counts v. Burlington Northern Railroad Company

Silas Counts appeals the district court’s order granting summary judgment for his employer, Burlington Northern Railroad Company (Burlington). Counts argues that the district court erroneously held that his state law claim was preempted by the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60 (1982). We have jurisdiction under 28 U.S.C. § 1291 (1982), and we affirm.

FACTS AND PROCEEDINGS

While loading flat cars for Burlington, Silas Counts injured his back and left leg. Burlington concluded that its negligence was great and that Counts was not at fault. Burlington began making small advances to Counts, but threatened to stop those advances if he hired an attorney to examine his FELA claim. Burlington’s claims representative, Ward Maser, told Counts to attend a FELA trial involving another Burlington employee, Bruce Jones, which resulted in a verdict for Burlington because its negligence was not established. Maser told Counts that, like Jones, Counts would probably end up with nothing if he did not take Burlington’s settlement offer. Maser also told Counts that he really wasn’t that seriously injured, despite Burlington’s investigative report that found Counts’ injuries…