GIAMMONA v. METRO-NORTH COMMUTER R.R.

No. 89 Civ. 7170 (WK).

750 F.Supp. 662 (1990)

Nicholas GIAMMONA, Plaintiff, v. METRO-NORTH COMMUTER RAILROAD, Defendant.

United States District Court, S.D. New York.

November 14, 1990.


Attorney(s) appearing for the Case

Charles C. Goetsch, Cahill, Goetsch & DiPersia, P.C., New Haven, Conn., for plaintiff.

Richard J. O'Keeffe, O'Keeffe, Kline & McCaffrey, White Plains, N.Y., for defendant.


MEMORANDUM AND ORDER

WHITMAN KNAPP, Senior District Judge.

This case arises under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. ("FELA"). In his complaint, plaintiff Giammona alleges that exposure to asbestos fibers has initiated a "scarring process" in his lung tissue, and seeks to recover damages for emotional harm and the costs of continuous medical treatment caused by defendant's negligence or outrageous conduct. Defendant...

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