Fair

Plaintiff Delton R. Fair was working on the railroad. After he injured his back and knee while trying to throw a switch, he brought this *274 action against BNSF Railway Company (BNSF) under the federal Employers’ Liability Act (FELA) ( 45 U.S.C. § 51 et seq.), alleging that he was injured as a result of BNSF’s negligence. A jury found in Fair’s favor and awarded him a total of $3,216,000 in damages.

BNSF’s primary argument on appeal is that the Federal Railroad Safety Act of 1970 (FRSA) ( 49 U.S.C. § 20101 et seq.), and the regulations promulgated thereunder, preclude Fair’s FELA claim in its entirety. In support of its argument, BNSF relies on the authority of several federal appellate courts. Guided by recent court decisions that have reanalyzed the preclusion issue in light of the United States Supreme Court’s recent decision in POM Wonderful v. Coca-Cola Co. (2014) 573 U.S._[ 189 L.Ed.2d 141 , 134 S.Ct. 2228 ] (POM Wonderful), we reject BNSF’s argument, and instead conclude that FRSA and its regulations do not preclude federal claims under FELA. We reject BNSF’s other contentions in the unpublished portion of the opinion.

FACTUAL AND PROCEDURAL BACKGROUND

In the…