Koger v. Norfolk Southern Railway Company
| Larry L. Koger |
| Norfolk Southern Railway Company |
| 1:2008cv00909 |
| July 9, 2008 |
| US District Court for the Southern District of West Virginia |
| Federal Employer's Liability Office |
| McDowell |
| David A. Faber |
| Plaintiff |
| Federal Question |
| 45:51 Railways: Fed. Employer's Liability Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
207
MEMORANDUM OPINION AND ORDER denying 73 MOTION by Norfolk Southern Railway Company for Summary Judgment on estoppel grounds as more fully set forth in said Memorandum Opinion and Order. Signed by Senior Judge David A. Faber on 3/3/2010. (cc: all counsel of record) (arb)
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Filing
205
MEMORANDUM OPINION AND ORDER denying 184 MOTION for New Trial or, in the alternative, remittitur. Signed by Judge David A. Faber on 2/24/2010. (cc: counsel of record) (mjp)
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Filing
204
MEMORANDUM OPINION AND ORDER re: 89 MOTION by Larry L. Koger in Limine No. 4 to Preclude the Testimony of George Page: The court was unable to find that Mr. Page's opinion is based on sufficient facts or data or that he had applied the princip les and methodology of the NIOSH approach reliably to the facts of this case. Furthermore, the court believed there was a significant danger that Mr. Page's testimony would confuse and/or mislead the jury. For all the foregoing reasons, plaintiff's Motion in Limine to Exclude Testimony of the Defendant's Expert, George Page was GRANTED. Signed by Senior Judge David A. Faber on 2/23/2010. (cc: counsel of record) (arb)
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Filing
202
MEMORANDUM OPINION AND ORDER granting 186 Defendant's MOTION to Stay Proceedings to Enforce Judgment Pending Disposition of Defendant's Motion for a New Trial or Remittitur. Defendant will not be required to post a bond. Signed by Senior Judge David A. Faber on 1/7/2010. (cc: counsel of record) (arb)
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Filing
183
MEMORANDUM OPINION AND ORDER denying 103 MOTION by Larry L. Koger for Reconsideration of 101 Memorandum Opinion and Order on Whether 49 C.F.R. Sec. 240.305 is a "Statute" under Sec. 53 of the F.E.L.A. Based on the Special Definition of "Statute" Provided in Sec. 54a of the FELA. Signed by Judge David A. Faber on 12/7/2009. (cc: counsel of record) (mjp)
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Filing
179
MEMORANDUM OPINION AND ORDER: Defendant's motion in limine to exclude any testimony by plaintiff's expert, G. Richard Thompson, that relies on employer contributions to plaintiff's retirement benefits 83 is DENIED. Signed by Judge David A. Faber on 11/24/2009. (cc: counsel of record) (mjp)
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Filing
157
MEMORANDUM OPINION AND ORDER denying 91 Defendant's MOTION in Limine to exclude the physical limitations assigned to Plaintiff by Dr. Robert Kropac. The Court overrules Defendant's Fed. R. Evid. 602 objections to portions of the videotape d deposition of Dr. Kropac. The parties are directed to delete the objectionable testimony from the videotaped deposition of Dr. Kropac as more specifically set forth in said Memorandum Opinion and Order. As to Plaintiff's Rule 402 objection regarding the testimony concerning a prior back injury, the Court will defer ruling until it hears from Defendant on the issue. Signed by Senior Judge David A. Faber on 11/16/2009. (cc: counsel of record) (arb)
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Filing
144
MEMORANDUM OPINION AND ORDER denying 82 Plaintiff's MOTION in Limine to bar any evidence, interrogation, argument, etc. regarding plaintiff's alleged failure to mitigate his damages. Signed by Senior Judge David A. Faber on 11/12/2009. (cc: counsel of record) (arb)
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Filing
138
MEMORANDUM OPINION AND ORDER denying 90 Plaintiff's MOTION in Limine to Bar the Testimony of Dr. David Santrock and Dr. Jeffrey Greenberg. Signed by Senior Judge David A. Faber on 11/10/2009. (cc: counsel of record) (arb)
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Filing
101
MEMORANDUM OPINION AND ORDER: By Judgment Order entered 9/30/2009, 25 Plaintiff's MOTION for Partial Summary Judgment was GRANTED IN PART and DENIED IN PART. The reasons for that decision follow. It is GRANTED to the extent that plaintiff has proven his entitlement to a jury instruction that defendant was negligent per se. In all other respects, the motion is DENIED. Signed by Senior Judge David A. Faber on 10/2/2009. (cc: counsel of record) (arb)
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| Plaintiff: Larry L. Koger | |
| Represented By: | Kerry A. Nessel |
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| Defendant: Norfolk Southern Railway Company | |
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