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MICHALOWSKI v. CSX TRANSP., INC.

No. 02-CV-58S.

387 F.Supp.2d 215 (2005)

Robert MICHALOWSKI, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant/Third Party Plaintiff, v. Interstate Brands Corp. Third Party Defendant.

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

March 28, 2005.

Attorney(s) appearing for the Case

Peter M. Jasen, Anita A. Czapeczka, Jasen & Jasen, P.C., Buffalo, NY, for Plaintiff.

J. Roy Nunn, J. Christine Chiriboga, Anspach, Serraino, Meeks & Nunn, LLP, Buffalo, NY, Richard F. Ellenberger, Toledo, OH, for Defendant.

Brian A. Birenbach, Joseph W. Dunbar, Damon & Morey LLP, Buffalo, NY, for Third Party Defendant.

DECISION AND ORDER

SKRETNY, District Judge.

1. This personal injury action arises from an incident that occurred on November 8, 1999, when a train engine, owned an operated by Defendant CSX Transportation, Inc., ("CSX"), collided with two parked train cars. Plaintiff, an employee of Defendant Interstate Brand Corporation ("IBC") who was working on the track, alleges that the collision caused him to be "thrown about," resulting in an injury to his back.<...

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