John M. Oglesby and Lois P. Oglesby v. Delaware & Hudson Railway Company, General Motors Corporation

General Motors Corporation (“GM”) appeals with permission from Judge Kahn’s denial of its motion for summary judgment. See Oglesby v. Delaware & Hudson Ry. Co., 964 F.Supp. 57 (N.D.N.Y.1997). We reverse and remand with instructions to grant the motion.

BACKGROUND

On August 13, 1986, John Oglesby, an employee of the Delaware and Hudson Railway Company (“D & H”), suffered a back injury when he attempted to adjust the position of an engineer’s (or cab) seat in a locomotive designed and constructed by GM. In order to facilitate the desired adjustment, a trainman is supposed to release the seat from…