Haas v. Delaware & Hudson Railway Co.

SUMMARY ORDER

Plaintiff-Appellant Jason Haas appeals from a judgment entered in the Northern District of New York (Lawrence E. Kahn, Judge) granting summary judgment to *85Defendant-Appellee Delaware & Hudson Railway Company, Inc. (“D&H”).

Haas, a D&H employee, brought suit under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51-60, alleging that he injured his shoulder operating a rail switch on May 1, 2004. In granting D&H’s motion for summary judgment, the District Court struck the affidavit of Gary Sheehan for reasons discussed below, and held that the record did not include…