Legal Opinion

Cerney v. Norfolk & Western Railway Co.

Ohio Court of Appeals

Decided June 5, 1995No. Nos. 67010, 67649PublishedCited by 16 opinions

1Opinion of the Court

Spellacy, Presiding Judge.

In case No. 67010, Roosevelt Cerney appeals the dismissal with prejudice of his complaint brought under the Federal Employers’ Liability Act (“FELA”). Cerney sought recovery for injuries received due to the alleged negligence of his employer, Norfolk & Western Railway Company and Norfolk Southern Corporation (“Norfolk”).

In case No. 67649, Norfolk appeals the grant of Cerney’s Civ.R. 60(B) motion vacating the dismissal of Cerney’s complaint with prejudice. The case then was reinstated.

The two cases have been consolidated upon appeal.

Cemey assigns the following…

2Cases cited25 opinions

  1. GTE Automatic Electric, Inc. v. ARC Industries, Inc.Ohio Supreme Court · 1976
  2. Klapprott v. United StatesSupreme Court of the United States · 1949
  3. Burnett v. New York Central RailroadSupreme Court of the United States · 1965
  4. Second Employers'liability CasesSupreme Court of the United States · 1912
  5. Panama Railroad v. JohnsonSupreme Court of the United States · 1924

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3Cited by16 opinions

  1. Helman v. Epl Prolong, Inc.Ohio Court of Appeals · 2000
  2. Livingston v. Diocese of ClevelandOhio Court of Appeals · 1998
  3. Cunningham v. Interlake Steamship Co.Court of Appeals for the Sixth Circuit · 2009
  4. Srail v. RJF International Corp.Ohio Court of Appeals · 1998
  5. Wolper v. Hotel EuropeDistrict Court, N.D. Ohio · 2008

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

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