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MAYNARD v. NORFOLK SOUTHERN RAILWAY

No. 08CA3267.

2009 Ohio 3143

Mark G. Maynard, Plaintiff-Appellant, v. Norfolk Southern Railway, Defendant-Appellee.

Court of Appeals of Ohio, Fourth District, Scioto County.

Released June 18, 2009.

Attorney(s) appearing for the Case

Mark T. Wade, Pittsburgh, PA, and Michael P. Giertz, Hartley & O'Brien, PLLC, Wheeling, WV, for appellant.

R. Leland Evans, Aaron M. Shank, and L. Bradfield Hughes, Porter, Wright, Morris & Arthur, LLP, Columbus, OH, for appellee.

DECISION AND JUDGMENT ENTRY

HARSHA, J.

{¶1} Mark G. Maynard appeals from a judgment on the pleadings in favor of Norfolk Southern Railway Company ("Norfolk").1 Maynard contends that the trial court improperly relied on evidentiary materials outside the pleadings to conclude that he failed to timely file his complaint under the Federal Employers' Liability Act ("FELA"). Because Maynard failed to make this argument...

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