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BREADY v. CSX TRANSPORTATION, INC.

Nos. 145 SSM 18, 146 SSM 19.

19 N.Y.3d 834 (2012)

946 N.Y.S.2d 93

2012 NY Slip Op 3476

FREDERICK BREADY et al., Appellants, v. CSX TRANSPORTATION, INC., Respondent, et al., Defendant. BRANDON HARRIS et al., Appellants, v. CSX TRANSPORTATION, INC., Respondent, et al., Defendant.

Court of Appeals of New York.

Decided May 3, 2012.

Attorney(s) appearing for the Case

Magavern Magavern Grimm LLP, Buffalo ( Edward J. Markarian of counsel), and Collins, Collins & Donoghue, P.C. ( Patrick J. Donoghue of counsel), for appellants in the first and second above-entitled actions.

Mayer Brown LLP, Washington, D.C. ( Dan Himmelfarb of counsel), and Goldberg Segalla LLP, Buffalo ( John J. Jablonski of counsel), for respondent in the first and second above-entitled actions.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division in each case should be affirmed, with costs. Assuming without deciding that defendant CSX Transportation, Inc. owed plaintiffs a higher duty of care under the Federal Employers' Liability Act than under the common law, defendant made a prima facie showing that it did not breach that duty of care. Plaintiffs, in response, failed to establish that a triable issue of fact existed on the issue...

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