Legal Opinion

McCool v. Norfolk Southern Railway Corp.

District Court, N.D. Ohio

Decided June 7, 2013No. Case No. 3:11CV678PublishedCited by 1 opinion

1Opinion of the Court

ORDER

JAMES G. CARR, SR., District Judge.

Plaintiff brings this case under Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51, and the Locomotive Inspection Act [LIA], 49 U.S.C.A. § 20701. Plaintiff Thomas McCool alleges while employed as a repair mechanic with defendant Norfolk Southern Railway Company (Norfolk Southern), he was subjected to a close range train horn blast for approximately two to four seconds. Plaintiff alleges the train horn blast caused perma*942nent health problems, including hearing loss.

Jurisdiction exists under 28 U.S.C. § 1331.

Pending is defendant’s motion for summary…

2Cases cited26 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Eastman Kodak Co. v. Image Technical Services, Inc.Supreme Court of the United States · 1992
  4. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  5. Urie v. ThompsonSupreme Court of the United States · 1949

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3Cited by1 opinion

  1. Coleman v. Norfolk S. Ry. Co.District Court, E.D. Kentucky · 2018

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