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NORFOLK SOUTHERN RY. CO. v. TRIMIEW

Record No. 960533.

480 S.E.2d 104 (1997)

253 Va. 22

NORFOLK SOUTHERN RAILWAY COMPANY v. Clinton TRIMIEW.

Supreme Court of Virginia.

January 10, 1997.

Attorney(s) appearing for the Case

Fred R. Kozak, Richmond (John S. Barr, Maloney, Barr & Huennekens, on briefs), for appellant.

Richard N. Shapiro, Virginia Beach (Francis P. Hajek, Wilson, Hajek & Shapiro, on brief), for appellee.

Present: All the Justices.

COMPTON, Justice.

On August 20, 1993, appellee Clinton Trimiew, the plaintiff below, was injured while working for appellant Norfolk Southern Railway Company, the defendant below, near Burkeville in Nottoway County. The plaintiff brought this action against defendant under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq., to recover damages for his injuries.

The plaintiff alleged that he was injured during "his attempt to alight...

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