MAZZELLA v. METRO-NORTH COMMUTER R.R. CO.


213 A.D.2d 254 (1995)

624 N.Y.S.2d 15

Sam Mazzella, Respondent, v. Metro-North Commuter Railroad Co., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 16, 1995


The court properly directed a verdict on the issues of causation and comparative negligence in this case. The standard of negligence in FELA cases is considerably more liberal than that governing common-law negligence actions, simply requiring proof that "`justif[ies] with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought'" (Curley v Consolidated Rail Corp.,

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