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BODENHEIMER v. NEW ORLEANS PUBLIC BELT

Nos. 2002-CA-0441, 2002-CA-1283.

845 So.2d 1279 (2003)

Robert BODENHEIMER v. NEW ORLEANS PUBLIC BELT and CSX Transportation. Robert Bodenheimer v. New Orleans Public Belt and CSX Transportation, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 3, 2003.

Attorney(s) appearing for the Case

Art Sadin, Provost Umphrey/Youngdahl Sadin, PC, Friendswood, TX, and Bruce C. Dean, James R. Dugan II, Gauthier, Downing, LaBarre, Dean & Sulzer, Metairie, LA, for Plaintiff/Appellee.

Brent A. Talbot, Douglas L. Grundmeyer, Douglas R. Holmes, Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P., New Orleans, LA, for Defendant/Appellee.

Lawrence J. Ernst, Gregory S. LaCour, Christovich & Kearney, L.L.P., New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge DENNIS R. BAGNERIS SR., and Judge EDWIN A. LOMBARD).

DENNIS R. BAGNERIS, SR., Judge.

Defendant/appellant, New Orleans Public Belt Railroad Commission ("NOPB"), appeals a trial court judgment in favor of Robert Bodenheimer ("Bodenheimer"), a railroad employee injured as a result of his work activities. This suit was brought under the Federal Employers Liability Act (`FELA"). For the reasons below, we affirm.

Bodenheimer answered the appeal, seeking an increase in general damages. Further, Bodenheimer contends...

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