GORTNEY v. NORFOLK & WESTERN RY. CO.

Docket No. 173244.

549 N.W.2d 612 (1996)

216 Mich. App. 535

Eileen J. GORTNEY, Personal Representative of the Estate of Justin T. Gortney, Jr., deceased, Plaintiff-Appellant/Cross-Appellee, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant-Appellee/Cross-Appellant.

Court of Appeals of Michigan.

Decided May 10, 1996, at 9:20 a.m.

Released for Publication June 20, 1996.


Attorney(s) appearing for the Case

Sachs, Waldman, O'Hare, Helveston, Hodges & Barnes, P.C. by George T. Fishback, Detroit, for plaintiff.

Hackett, Maxwell & Phillips, P.L.L.C. by Phillip B. Maxwell and Mark T. Butler, Pontiac, for defendant.

Before MURPHY, P.J., and RICHARD ALLEN GRIFFIN and POST, JJ.


RICHARD ALLEN GRIFFIN, Judge.

In this action brought under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq., plaintiff appeals as of right an order of the circuit court granting defendant summary disposition pursuant to MCR 2.116(C)(7) (claim barred by release). We affirm.

I

For most of his adult life, plaintiff's decedent, Justin T. Gortney, Jr., worked as a switchman and yardmaster for defendant, Norfolk & Western...

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