APARICIO v. NORFOLK & WESTERN RY. CO.

No. 3:93 CV 7261.

874 F.Supp. 154 (1994)

Robert C. APARICIO, Plaintiff, v. NORFOLK & WESTERN RAILWAY CO., Defendant.

United States District Court, N.D. Ohio, Western Division.

December 28, 1994.


Attorney(s) appearing for the Case

H. Brann Altmeyer, Phillips, Gardill, Kaiser, Boos & Hartley, Wheeling, WV, Robert N. Peirce, Jr., Mark Coulter, Robert N. Peirce, Jr. & Associates, Pittsburgh, PA, for Robert C. Aparicio.

David W. Stuckey, Robison, Curphey & O'Connell, Toledo, OH, for Norfolk Southern Ry. Co.

Peter R. Casey, III, Eastman & Smith, Toledo, OH, for Peter Casey.


MEMORANDUM OPINION

KATZ, District Judge.

Plaintiff, formerly an employee of defendant railway, sued Defendant for damages as a result of injuries sustained while working as a laborer, primarily as a member of a crew responsible for repairs to track and rail crossings. That type of crew is referred to as a "maintenance of way" crew. The action was brought under the Federal Employers Liability Act ("FELA"), 45 U.S.C. § 51, et seq. This case...

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