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CUPP v. NATIONAL R.R. PASSENGER CORP.

Nos. ED 82635, ED 82646.

138 S.W.3d 766 (2004)

Steve CUPP, Plaintiff/Respondent/Cross-Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION, Defendant/Appellant, and The Mart Corporation, Defendant/Respondent/Cross-Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

July 6, 2004.

Attorney(s) appearing for the Case

Thomas E. Schwartz, Holloran & Stewart, P.C., St. Louis, MO, for plaintiff/respondent/cross-appellant.

Michael B. Hunter, Lisa A. Larkin, Williams Venker & Sanders LLC, St. Louis, MO, for appellant.

James E. Godfrey, Jr., Godfrey & Associates, St. Louis, MO, for defendant/respondent/cross-respondent.

KATHIANNE KNAUP CRANE, Judge.

Plaintiff, a railroad employee, was injured when he attempted to stop a locomotive wheel set that suddenly exited a newly installed wheel wash and rolled towards a fellow employee. He brought a FELA action against the railroad and a negligence action against the seller of the wheel wash, whose employees had been working on the wheel wash at the time of plaintiff's accident. The railroad filed a contribution action against the seller....

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