Legal Opinion

Gortney v. Norfolk & Western Railway Co.

Michigan Court of Appeals

Decided May 10, 1996No. Docket 173244PublishedCited by 41 opinions

1Opinion of the CourtGriffin, J.

In this action brought under the Federal Employers’ Liability Act (fela), 45 USC 51 et seq., plaintiff appeals as of right an order of the circuit court granting defendant summary disposition pursuant to MCR 2.116(C)(7) (claim barred by release). We affirm.

i

For most of his adult life, plaintiff’s decedent, Justin T. Gortney, Jr., worked as a switchman and yardmaster for defendant, Norfolk & Western Railway Company. In 1987, Mr. Gortney accepted defendant’s offer of early retirement. According to the terms of the agreement, Mr. Gortney received $40,000 in exchange for his decision to sign a…

2Cases cited27 opinions

  1. Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
  2. Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948
  3. St. Louis Southwestern Railway Co. v. DickersonSupreme Court of the United States · 1985
  4. Booth Newspapers, Inc v. University of Michigan Board of RegentsMichigan Supreme Court · 1993
  5. South Buffalo Railway Co. v. AhernSupreme Court of the United States · 1953

22 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Marilyn Froling Revocable Living Trust v. Bloomfield Hills Country ClubMichigan Court of Appeals · 2009
  2. End of the Road Trust Ex Rel. Fruehauf Trailer Corp. v. Terex Corp. (In Re Fruehauf Trailer Corp.)District Court, D. Delaware · 2000
  3. Xu v. GayMichigan Court of Appeals · 2003
  4. Cole v. Ladbroke Racing Michigan, IncMichigan Court of Appeals · 2000
  5. Harbor Park Market, Inc v. GrondaMichigan Court of Appeals · 2008

36 more not listed; retrieve them via the Exa API.

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