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STRICKLAND v. NORFOLK SOUTHERN RY. CO.

No. 11-15589.

692 F.3d 1151 (2012)

Connie STRICKLAND, Plaintiff-Appellant, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 27, 2012.

Attorney(s) appearing for the Case

Michael J. Warshauer , Trent Shuping , Warshauer Law Group, PC, Douglas C. Dumont , Atlanta, GA, for Plaintiff-Appellant.

Daryl Glenn Clarida , Keith M. Hayasaka , Hall, Bloch, Garland & Meyer, LLP, Atlanta, GA, Carter Glasgow Phillips , Eric Shumsky , Sidley Austin, LLP, Washington, DC, for Defendant-Appellee.

Before JORDAN and FAY, Circuit Judges, and EDENFIELD, District Judge.

FAY, Circuit Judge:

On July 23, 2009, Connie Strickland had been "working on the railroad/All the live-long day."1 In fact, he claims he was working his customary twelve-hour shift when, towards the end of that shift, he suffered a massive shoulder injury as a result of a faulty handbrake. Strickland, however, could not identify the rail car on which the handbrake was installed. Nonetheless, he filed suit against his employer, Norfolk...

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