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NORTH SOUTHERN v. TILLER

No. 0667, Sept. Term, 2007.

944 A.2d 1272 (2008)

179 Md. App. 318

NORFOLK SOUTHERN RAILWAY CORPORATION, et al. v. Henry TILLER.

Court of Special Appeals of Maryland.

March 31, 2008.

Attorney(s) appearing for the Case

Frederick L. Kobb (Jason R. Potter, Wright, Constable & Skeen, LLP, on the brief), Baltimore, for Appellant.

Paul J. Riley (Barish, Rosenthal on the brief), Philadelphia, PA, Henry L. Belsky, Schlachman, Belsky & Weiner, PA, on the brief, Baltimore, for Appellee.

Panel: KRAUSER, C.J., ADKINS and CHARLES E. MOYLAN, JR. (retired, specially assigned), JJ.

CHARLES E. MOYLAN, Jr., Judge, retired, specially assigned.

The injured railroad employee in this case is doubly protected against the risk of diminution of his award for damages. As a successful plaintiff, he is protected by Maryland's collateral source rule generally. His protection is enhanced by that rule's favored status within the special context of the Federal Employers' Liability Act ("FELA").

Procedural Background

The appellant is the Norfolk...

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