Walter v. CSX Transportation, Inc.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ALAN WALTER, Plaintiff, v. DECISION AND ORDER 19-CV-1583S CSX TRANSPORTATION, INC., Defendant. I. Introduction This is a removed diversity action for the personal injuries suffered by Plaintiff on or about July 21, 2017 (Docket No. 1, Notice of Removal, Ex. A, Compl.). Plaintiff alleges that the negligence of and noncompliance with provisions of New York Labor Law by Defendant CSX Transportation, Inc. (“Defendant”) caused his injuries (id.). As his counsel later argues (see Docket No. 39, Pl. Atty. Affirm. ¶¶ 4, 6), for want of plank,…