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Mattaliano v. Metro-North Commuter Railroad Co.

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  • Mattaliano v. Metro-North Commuter Railroad Co.

    Date Decided: Oct 14th, 2010
    Decided By: New York Southern District Court (Federal)
    Court: S.D.N.Y.
    Citation: 2010 WL 4455826 (S.D.N.Y.)

    Plaintiff, a railroad employee, brought this actionagainst his employer, Metro-North ("Metro"), pursuant to the Federal Employers'Liability Act (FELA) 45 U.S.C. 51 et al. Plaintiff was allegedly injuredwhen he was working as a "Trackman" for Metro. At the time of plaintiff's injury, he suffered an umbilicalhernia when he was lifting a hook attached to a crane, an exercise that heapparently had been performing for some time that day. Plaintiff asserted that the hookweighed over 100 lbs, and that the conditions he was required to work in wereunsafe. He alleged this unsafecondition was the cause of his medical condition. Plaintiff produced an expert who would testify that thecrane used at the time of the incident was not safe for its intendedpurpose. In addition, Metro'sinternal policy indicated that two men should lift the hook in tandem, eventhough the Plaintiff was the only one lifting the hook at the time of theincident. Defendant filed a motionfor summary judgment, alleging (1) that it (Metro) did not breach its duty ofcare, and (2) that the harm to the plaintiff was not foreseeable.