Mancini et al v. CSX Transportation, Inc. et al
| Lawrence A. Mancini and Deborah A. Mancini |
| CSX Transportation, Inc., Carol Ann Ashwood and Richard J. Ketterer |
| 7:2008cv00933 |
| September 2, 2008 |
| US District Court for the Northern District of New York |
| Federal Employer's Liability Office |
| Jefferson |
| Gustave J. DiBianco |
| Thomas J. McAvoy |
| Defendant |
| Federal Question |
| 45:51 Railways: Fed. Employer's Liability Act |
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The following documents for this case are available for you to view or download:
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Filing
151
DECISION AND ORDER denying Deft's 140 Motion for judgment as a matter of law and granting Deft's 140 motion for a new trial insofar as the Court will hold a retrial on the issue of damages unless, within 14 days of the date of this deci sion, Pltf agrees to accept $259,592 in future lost wages and fringe benefits; denying Deft's 140 motion for a new trial in all other respects; denying Deft's 143 Motion to modify costs. Signed by Senior Judge Thomas J. McAvoy on 5/4/2011. (amt)
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Filing
111
DECISION AND ORDER denying Deft CSXT's 105 Motion for Reconsideration. Signed by Senior Judge Thomas J. McAvoy on 12/23/10. (sfp, )
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Filing
107
DECISION AND ORDER granting Defts Ashwood and Ketterer's 102 Joint Motion to Dismiss CSX's third-party claims against them, and: 1) upon settlement between Pltf and either Ashwood or Ketterer, CSX's contribution claims against the se ttling defts are barred by operation of N.Y. Gen. Oblig. Law 15-108(b); 2) CSX's indemnification claims against Ashwood or Ketterer are dismissed; and 3) The Court will apply a pro tanto set-off approach to any settlement amounts if Pltf obtains a judgment against CSX on the FELA claim. Signed by Senior Judge Thomas J. McAvoy on 7/27/10. (sfp, )
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Filing
55
DECISION AND ORDER denying Pltf's 30 Motion for Summary Judgment against Deft Ketterer; denying Pltf's 31 Motion for Summary Judgment against Deft Ashwood; denying Deft CSXT's 36 Motion for Summary Judgment; granting in part and denying in part Deft Ketterer's 39 Motion for Summary Judgment. The motion is granted dismissing that portion of Pltf's negligence claim premised upon the theory that Ketterer was negligent for failing to warn of an unsafe condition (unsafe rear jump seat) in Ketterer's vehicle. The motion is denied in all other respects. Signed by Senior Judge Thomas J. McAvoy on 4/1/10. (sfp, )
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