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CAZAD v. CHESAPEAKE & OHIO RY. CO.

No. 78-1393.

622 F.2d 72 (1980)

Ralph E. CAZAD, Appellee, v. CHESAPEAKE AND OHIO RAILWAY COMPANY, a corporation, Appellant, v. UNION OIL COMPANY OF CALIFORNIA, a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 9, 1980.

Attorney(s) appearing for the Case

Fred Adkins, Huntington, W. Va. (Donald G. Powers, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, W. Va., on brief), for appellant.

Norman K. Fenstermaker, Huntington, W. Va. (Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, W. Va., on brief), for appellee, Union Oil Co. of California.

Donald L. Rudquist, Minneapolis, Minn. (DeParcq, Anderson, Perl, Hunegs & Rudquist, Minneapolis, Minn., Lawrence J. Lewis, Levy & Lewis, Huntington, W. Va., on brief), for appellee, Ralph E. Cazad.

Before RUSSELL, Circuit Judge, FIELD, Senior Circuit Judge, and HALL, Circuit Judge.

FIELD, Senior Circuit Judge:

The plaintiff, Ralph E. Cazad, filed this action against the Chesapeake and Ohio Railway Company (C&O) under the Federal Employer's Liability Act (FELA), 45 U.S.C. § 51 et seq., alleging that he had been injured as a result of the negligent failure of the C&O to provide a safe place to work. A jury returned a verdict in favor of Cazad and awarded him $284,000 in damages. Judgment...

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