IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) No. C057964 September 30, 2010 SHAWN M. PALMER, PLAINTIFF AND APPELLANT, v. BNSF RAILWAY COMPANY, DEFENDANT AND RESPONDENT. Plaintiff Shawn M. Palmer, a railroad switchman, was injured as he climbed down from a tanker car while wearing a device used to remotely control locomotives. He sued his employer, defendant BNSF Railway Company, for personal injury under the Federal Employers' Liability Act (FELA), 45 U. S. C. § 51 et seq. However, the court also found that a "cause of action for negligence under the FELA is preempted by the [FRSA]. This appeal presents questions of law involving the interplay between federal statutes, and we review the granting of summary judgment de novo.

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