WILHELM v. CSX TRANSP., INC.

No. 3:00cv7099.

169 F.Supp.2d 755 (2001)

Keith T. WILHELM,, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant.

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

September 20, 2001.


Attorney(s) appearing for the Case

Arvin J. Pearlman, Elaine L. Livingway, Pearlman & Pianin, Southfield, MI, for Plaintiff.

James R. Carnes, Robert M. Anspach, Anspach, Serraino, Meeks & Nunn, Toledo, OH, for Defendant.


ORDER

CARR, District Judge.

Plaintiff Keith Wilhelm, a former smoker diagnosed with asthma, alleges that defendant CSX Transportation, Inc. ("CSX") failed to enforce its policy prohibiting smoking in certain areas of the workplace. As a result, plaintiff alleges he suffered injury from second-hand smoke while employed on the premises. He seeks to recover for these injuries under the Federal Employer's Liability Act ("FELA"), 45 U.S.C. § 51 et seq. Plaintiff...

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