Legal Opinion
Vogelsang v. Western Maryland Railway Co.
District Court, D. Maryland
Decided June 18, 1981No. Civ. A. J-80-1292PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SHIRLEY B. JONES, District Judge.
Plaintiff has brought this action under the Federal Employers’ Liability Act (FELA) and the Safety Appliance Acts to recover for injuries sustained in an accident on March 26,1980, when he fell from atop a railroad car. Defendant moved to dismiss, for failure to state a cause of action and lack of subject matter jurisdiction, on the ground that plaintiff’s exclusive remedy is under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. §§ 901-950. Plaintiff has opposed the motion, and a hearing is not deemed necessary,…
2Cases cited4 opinions
- Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
- P. C. Pfeiffer Co. v. FordSupreme Court of the United States · 1979
- John B. Price, Jr. v. Norfolk and Western Railway CompanyCourt of Appeals for the Fourth Circuit · 1980
- Taylor v. Zapata Haynie Corp.Court of Appeals for the Fourth Circuit · 1980
3Cited by5 opinions
- In Re All Maine Asbestos LitigationDistrict Court, D. Maine · 1984
- Leo T. Vogelsang v. Western Maryland Railway CompanyCourt of Appeals for the Fourth Circuit · 1982
- Stanley v. Western Maryland Railway Co.Court of Appeals of Maryland · 1984
- Vilanova v. United StatesDistrict Court, D. Puerto Rico · 1985
- Simmons v. Texas City Terminal Railway Co.Court of Appeals of Texas · 1983