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MIHALIC EX REL. JOHNSON v. K-MART OF AMSTERDAM

No. 5:03-CV-674.

363 F.Supp.2d 394 (2005)

Brenda MIHALIC, as Personal Representative of the Estate of Ryan L. Johnson, Deceased, Individually and on Behalf of Next of Kin, Plaintiffs, v. K-MART OF AMSTERDAM, N.Y. Distribution Center, Inc.; H & M Company, Inc.; Siemens Dematic Corp.; and R.L. Torbeck Industries, Inc., Defendants. Siemens Dematic Corp., Third-Party Plaintiff v. Warehouses By Design, Inc., Third-Party Defendant. R.L. Torbeck Industries, Inc., Third-Party Plaintiff, v. Warehouses By Design, Inc., Third-Party Defendant. H & M Company, Inc., Third-Party Plaintiff, v. Warehouses By Design, Inc., Third-Party Defendant.

United States District Court, N.D. New York.

March 29, 2005.

Attorney(s) appearing for the Case

Broder and Reiter (Jonathan C. Reiter, Esq., Stephen Gibson Skinner, Esq., of Counsel), New York City, for Plaintiff.

Donohue, Sabo, Varley & Huttner, LLP (Alvin O. Sabo, Esq., Kathleen L. Werther, Esq., of Counsel), Albany, NY, for Defendant, K-Mart and Defendant and Third-Party Plaintiff, R.L. Torbeck Industries, Inc.

Brennan, Rehfuss & Liguori, PC (Stephen J. Rehfuss, Esq., of Counsel), Albany, NY, for Defendant and Third-Party Plaintiff, H & M Company.

Wilson Elser Moskowitz, Edelman & Dicker, LLP (Robert W. Littleton, Esq., Bruce D. Ainbinder, Esq., of Counsel), New York City, for Defendant and Third-Party Plaintiff, Siemens Dematic Corp.

Thomas M. Bona, Esq. (Stephanie Bellantoni, Esq., of Counsel), White Plains, NY, for Third-Party Defendant, Warehouse by Design, Inc.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

This is a wrongful death and survival action brought by Ryan Johnson's ("Johnson") personal representative, Brenda Mihalic ("plaintiff"). Johnson, a Pennsylvanian, was killed on the job at a New York work site while employed by a Pennsylvania company, third-party defendant Warehouse by Design, Inc. ("WBD" or "third-party defendant").

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