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CANAZZI v. CSX TRANSPORTATION, INC.

61 A.D.3d 1347 (2009)

877 N.Y.S.2d 534

DAVID CANAZZI, Respondent, v. CSX TRANSPORTATION, INC., Appellant. (Appeal No. 2.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 24, 2009.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the verdict is set aside in its entirety, and a new trial is granted on liability and damages.

Memorandum: Plaintiff commenced this action pursuant to the Federal Employers' Liability Act ([FELA] 45 USC § 51 et seq.) seeking damages for injuries he sustained when he was struck by a moving train during the...

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