HARDYMAN v. NORFOLK & WESTERN RY. CO.

No. 99-4218.

243 F.3d 255 (2001)

Gary W. HARDYMAN, Plaintiff-Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY; Norfolk Southern Railway Company; Cincinnati, New Orleans and Texas Pacific Railway Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 13, 2001.


Attorney(s) appearing for the Case

Howard M. Hackman (argued and briefed), Howard M. Hackman Co., Columbus, OH, for Plaintiff-Appellant.

Robert Leland Evans (argued and briefed), Craig R. Carlson (briefed), Porter, Wright, Morris & Arthur, Columbus, OH, for Defendants-Appellees.

ARGUED: Howard M. Hackman, HOWARD M. HACKMAN CO., Columbus, Ohio, for Appellant. Robert Leland Evans, PORTER, WRIGHT, MORRIS & ARTHUR, Columbus, Ohio, for Appellees.

ON BRIEF: Howard M. Hackman, HOWARD M. HACKMAN CO., Columbus, Ohio, for Appellant.

Robert Leland Evans, Craig R. Carlson, PORTER, WRIGHT, MORRIS & ARTHUR, Columbus, Ohio, for Appellees.

Before: BATCHELDER, COLE, and GIBSON, Circuit Judges.


OPINION

R. GUY COLE, JR., Circuit Judge.

Plaintiff-Appellant Gary Hardyman filed suit against Defendant-Appellee Norfolk & Western Railway Company ("Norfolk")1 pursuant to the Federal Employers' Liability Act ("FELA"), alleging that as a result of Norfolk's negligence, he developed Carpal Tunnel Syndrome ("CTS") during the course of his employment as a conductor and brakeman for Norfolk. After granting Norfolk's motion in...

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