HAIRSTON v. METRO-NORTH COMMUTER RAILROAD


2 A.D.3d 127 (2003)

768 N.Y.S.2d 453

ROBIN HAIRSTON, Respondent, v. METRO-NORTH COMMUTER RAILROAD, Appellant.

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

December 2, 2003.


The motion court properly sustained plaintiff's Federal Employers' Liability Act (FELA) claim as against defendant's motion for summary judgment to the extent that it was premised on defendant's alleged failure to provide plaintiff, its employee, a safe workplace. A claim under FELA (45 USC § 51 et seq.) must be determined by the jury if there is any question as to whether employer negligence played a part, however small, in producing plaintiff's injury (see...

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