William A. Pelozzie v. Burlington Northern Railroad Company, a Corporation

34 F.3d 1073 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William A. PELOZZIE, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Defendant-Appellee. No. 93-35262. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1994. Decided Aug. 26, 1994. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 William A. Pelozzie appeals the district court's grant of summary judgment for defendant Burlington Northern Railroad Company ("Burlington") in a personal injury action brought under the Federal Employer's Liability Act ("FELA"), 45 U.S.C. Sec. 51 . We reverse. Pelozzie is a patrol officer for Burlington's Asset Protection Division. On the night of July 4, 1990, he was assaulted when he confronted a group of trespassers who were parked in a truck near the railroad depot, blocking one of the side tracks. An Amtrak employee told Pelozzie that a train was due in soon, and asked that Pelozzie clear the trespassers from the…