Legal Opinion

KMEC v. Port Authority Trans-Hudson Corp.

District Court, E.D. New York

Decided June 27, 2011No. 09-CV-4542 (ENV)(SMG)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM & ORDER

VITALIANO, District Judge.

Plaintiff Jesse Kmec brought this action pursuant to the Federal Employers Liability Act (“FELA”), 45 U.S.C. § 51 et seq. seeking damages for personal injuries suffered on May 5, 2009 while working as a pump maintainer for defendant Port Authority Trans Hudson Corporation (“PATH”). The case was bifurcated for trial. The liability phase was tried from March 14, 2011 to March 17, 2011, after which the jury found that Kmec and PATH were both 50% responsible for the accident. The damages phase commenced on the same day the liability verdict was…

2Cases cited17 opinions

  1. Dimick v. SchiedtSupreme Court of the United States · 1935
  2. Hygh v. JacobsCourt of Appeals for the Second Circuit · 1992
  3. John Boucher v. U.S. Suzuki Motor Corp. v. American Honda Motor Co. Inc.Court of Appeals for the Second Circuit · 1996
  4. Kirsch v. Fleet Street, Ltd.Court of Appeals for the Second Circuit · 1998
  5. Manley v. Ambase Corp.Court of Appeals for the Second Circuit · 2003

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3Cited by1 opinion

  1. Salamone v. Douglas Marine CorporationDistrict Court, N.D. New York · 2021

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