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HOOVER v. NORFOLK S. RY. CO.

Nos. 93479, 93689

2010 Ohio 2894

David F. Hoover, Plaintiff-Appellee, v. Norfolk Southern Railway Co., Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: June 24, 2010.

Attorney(s) appearing for the Case

Holly Olarczuk-Smith, Thomas E. Dover, Gallagher Sharp, Sixth Floor — Bulkley Bldg., 1501 Euclid Avenue, Cleveland, Ohio 44115, Attorneys for Appellant.

Michael L. Torcello, Christopher Murphy, Doran & Murphy, LLP, 1234 Delaware Avenue, Buffalo, New York 14209, Attorneys for Appellee.

Before: Jones, J., Kilbane, P.J., and McMonagle, J.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, J.

{¶ 1} Defendant-appellant, Norfolk Southern Railway Co. ("Norfolk"), appeals the trial court's denial of its motion to dismiss. For the reasons that follow, we affirm.

{¶ 2} In 1970, David Hoover ("Hoover") began working for Norfolk, initially as a brakeman. He was eventually promoted to conductor. He held that position until he retired in 2002. For 51 years and until...

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