Legal Opinion
D'Amato v. Long Island Railroad
District Court, E.D. New York
Decided January 19, 1995No. 9:91-cv-04507PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM—DECISION AND ORDER
BARTELS, District Judge.
The defendant the Long Island Railroad Company (the “Railroad”) moves this Court under Rule 59(a) of the Federal Rules of Civil Procedure for an order granting the Railroad a new trial on the ground that the damages awarded by the jury were excessive. As an alternative remedy, the Railroad asks for remittitur reducing the jury’s award. For the reasons set forth below, defendant’s motion is denied.
BACKGROUND
In the early morning hours of March 15, 1991, plaintiff Fred D’Amato, while turning to avoid a spray of sparks from a passing train,…
2Cases cited14 opinions
- Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
- Thomas Zarcone v. William M. Perry, James Windsor, Robert J. Anderson and Patrick GiambalvoCourt of Appeals for the Second Circuit · 1978
- Celia Gumbs and James Gumbs v. Pueblo International, Inc. D/B/A Pueblo Supermarkets. Appeal of Pueblo International, IncCourt of Appeals for the Third Circuit · 1987
- Vance and Augusta Williams v. Martin Marietta Alumina, Inc.Court of Appeals for the Third Circuit · 1987
- Schare v. Welsbach Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1988
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3Cited by4 opinions
- Ahlf v. CSX Transportation, Inc.District Court, N.D. New York · 2005
- Geressy v. Digital Equipment Corp.District Court, E.D. New York · 1997
- Colwell v. Suffolk County Police DepartmentDistrict Court, E.D. New York · 1997
- Leo v. Long Island RailroadDistrict Court, S.D. New York · 2015