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FERRANTE v. METRO-NORTH COMMUTER R.R.

88 Civ. 8863 (CHT).

738 F.Supp. 106 (1990)

Dominick FERRANTE, Plaintiff, v. METRO-NORTH COMMUTER RAILROAD, Defendant.

United States District Court, S.D. New York.

May 15, 1990.

Attorney(s) appearing for the Case

Elkind, Flynn & Maurer, P.C., New York City (Michael Flynn, of counsel), for plaintiff.

Semel, Schepp & Yuhas, New York City (Peter M. Adams, Joseph P. Carfora, of counsel), for defendant.

MEMORANDUM AND ORDER

TENNEY, District Judge.

This case involves a claim brought by plaintiff under the Federal Employers' Liability Act ("FELA"). Plaintiff was injured in a fall after being ordered into a smoky tunnel to investigate damage to signal equipment from a track fire. Defendant denied liability and raised the affirmative defense of contributory negligence. On May 8, 1990, after a one-week trial, a jury rendered a verdict in favor of plaintiff....

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