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BITTINGER v. CSX TRANSPORTATION INC.

No. 1090, Sept. Term, 2006.

932 A.2d 1243 (2007)

176 Md. App. 262

Richard Lynn BITTINGER v. CSX TRANSPORTATION INC.

Court of Special Appeals of Maryland.

September 26, 2007.

Attorney(s) appearing for the Case

John E. Basilone (Willard J. Moody, Jr., Moody, Strople, Kloeppel, Basilone & Higginbotham, Inc., on the brief), Portsmouth, VA; James E. Walsh, on the brief, Cumberland, MD, for appellant.

Douglas F. Murray (Amy E. Askew, Whiteford, Taylor & Preston, LLP, on the brief), Baltimore, MD, for appellee.

Panel: MURPHY, C.J., KRAUSER and MEREDITH, JJ.

KRAUSER, J.

Appellant, Richard Lynn Bittinger, an employee of appellee CSX Transportation, Inc., ("CSX"), a railroad company, suffered a back injury while attempting to throw a railway switch to permit a train to change tracks. To obtain compensation for his injury, he filed suit in the Circuit Court for Allegany County against CSX under the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60. That suit ended in a jury verdict in favor of CSX.

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