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McGINN v. BURLINGTON NORTHERN R. CO.

No. 92 C 7368.

848 F.Supp. 827 (1994)

Michael P. McGINN, Plaintiff, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant.

United States District Court, N.D. Illinois, E.D.

April 14, 1994.

Attorney(s) appearing for the Case

Don C. Aldrich, Yaeger, Jungbauer, Barczak & Roe, Ltd., Minneapolis, MN, for plaintiff.

Kenneth John Wysoglad, Kenneth J. Wysoglad & Associates, Chicago, IL, for defendant.

MEMORANDUM OPINION AND ORDER

MAROVICH, District Judge.

Michael McGinn ("McGinn") works for Burlington Northern Railroad ("the Railroad"). One evening while traveling in an engine cab with four other crew members of the Railroad, McGinn got up to use the restroom and fell. McGinn now moves this Court for summary judgment claiming that he tripped and fell while working and that his injuries clearly fall within the "tripping hazard" regulation encompassed...

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