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NYE v. CSX TRANSP., INC.

No. 05-3136.

437 F.3d 556 (2006)

Joshua NYE and Judy Ramirez, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 14, 2006.

Attorney(s) appearing for the Case

ARGUED: Robert J. Fogarty, Hahn, Loeser & Parks, Cleveland, Ohio, for Appellants. James R. Carnes, Anspach Meeks Ellenberger, Toledo, Ohio, for Appellee. ON BRIEF: Robert J. Fogarty, Pasquale DiMassa, Jr., Hahn, Loeser & Parks, Cleveland, Ohio, for Appellants. James R. Carnes, Robert M. Anspach, Anspach Meeks Ellenberger, Toledo, Ohio, for Appellee.

Before: SILER and GRIFFIN, Circuit Judges; TARNOW, District Judge.

OPINION

SILER, Circuit Judge.

Plaintiff Joshua Nye was injured as a passenger of a car that collided with a train. Nye and his mother, Judy Ramirez (collectively referred to as "Nye"), sued railroad operator CSX Transportation, Inc. ("CSXT"), for negligently causing personal injury. Specifically, Nye brought various claims for negligence, spoliation of evidence, loss of consortium, and punitive damages.

Nye presents three overarching questions for...

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