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O'HERON v. CSX TRANSP., INC.

No. 3:01CV7111.

181 F.Supp.2d 779 (2001)

Jeffrey O'HERON, Plaintiff, v. CSX TRANSPORATION, INC., Defendant.

United States District Court, N.D. Ohio, Western Division.

December 14, 2001.

Attorney(s) appearing for the Case

Joseph A. Coffey, Coffey & Kaye, Lawrence A. Katz, Coffey & Kaye, Bala Cynwyd, PA, for Jeffrey O'Heron, Plaintiff.

Daria A. Carr, Anspach, Serraino, Meeks & Nunn, Toledo, OH, John J. Barrett, Jr., Saul, Ewing, Remick & Saul, Philadelphia, PA, Mark D. Meeks, Anspach, Serraino, Meeks & Nunn, Robert M. Anspach, Anspach, Serraino, Meeks & Nunn, Toledo, OH, for CSX Transportation, Inc., Defendant.

ORDER

CARR, District Judge.

This is an FELA case in which the defendant has filed a motion for summary judgment. For the reasons that follow, the motion shall be overruled.

Plaintiff worked as a car retarder in a tower at the defendant's Willard, Ohio, yard. About the time that the plaintiff began his shift at 11:00 p.m. on February 13, 2000, freezing rain started to fall. It continued falling through the next morning. While walking after his shift...

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