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HONEYCUTT v. NORFOLK SOUTHERN RY. CO.

No. 2009-CA-000895-MR.

336 S.W.3d 133 (2011)

Larry HONEYCUTT, Appellant, v. NORFOLK SOUTHERN RAILWAY COMPANY, Appellee.

Court of Appeals of Kentucky.

March 18, 2011.

Attorney(s) appearing for the Case

Mark T. Wade (argued), Pittsburgh, PA, for appellant.

Kathiejane Oehler (argued), Justin S. Gilfert , Louisville, KY, for appellee.

Before TAYLOR, Chief Judge; MOORE and THOMPSON, Judges.

OPINION

MOORE, Judge:

Larry Honeycutt appeals an order of the Pulaski Circuit Court dismissing his complaint pursuant to Kentucky Civil Rule (CR) 77.02(2) for claims arising under the Federal Liabilities Act, 45 U.S.C. § 51, et seq.; the Locomotive Inspection Act, 49 U.S.C. § 20707, et seq.; and the Federal Rail Safety Act of 1970, 49 U.S.C. § 20101, et seq. The complaint alleged that while in Norfolk Southern Railway...

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