TURNER v. CSX TRANSPORTATION, INC.

553 CA 09-01614.

72 A.D.3d 1597 (2010)

899 N.Y.S.2d 500

STEPHEN TURNER, Respondent, v. CSX TRANSPORTATION, INC., et al., Appellants. (Appeal No. 5.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 30, 2010.


It is hereby ordered that the amended judgment so appealed from is unanimously affirmed without costs.

Memorandum: Defendants appeal from an amended judgment awarding plaintiff damages for injuries he sustained as a result of the excessive lateral motion of the locomotive that he was operating on September 5, 2003, during the course of his employment by defendant CSX Transportation, Inc. (CSX). Contrary to defendants' contention, we conclude that Supreme Court properly...

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