PADILLA v. CONSOL. RAIL


119 Misc.2d 569 (1983)

Francisco Padilla, Plaintiff, v. Consolidated Rail Corporation, Defendant.

Supreme Court, Erie County.

May 23, 1983


Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James for plaintiff. Moot & Sprague for defendant.


JOSEPH D. MINTZ, J.

Plaintiff moves for amendment of his complaint to allow him to plead a claim for punitive damages. Defendant opposes this motion on the grounds that the Federal Employers' Liability Act (US Code, tit 45, § 51 et seq. [F.E.L.A.]) upon which plaintiff's cause of action is based does not permit a claim for punitive damages. Both parties agree that the act itself neither expressly provides for this relief nor expressly prohibits...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases