United States Second Circuit

Summary judgment in a Federal Employers' Liability Act (FELA) claim is affirmed where claimant knew, or should have known, of the existence and cause of injury prior to the relevant date; a FELA plaintiff can recover for injuries suffered during the three-year period preceding suit if these injuries are sufficiently distinct from those previously suffered.

Appellate Information

• Decided 09/23/2003
• Published 09/23/2003

Judges

• POOLER, Circuit Judge., Before:  WALKER, Chief Judge, and STRAUB and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gerard J. Martillotti,Davis & Martillotti, P.C. (Stephanie A. Gahagan, on the brief), Philadelphia, PA for Plaintiff-Appellant.


• For Appellees:
  
• Scott A. Barbour, McNamee, Lochner, Titus & Williams, P.C. (Francis J. Smith, on the brief), Albany, N.Y. for Defendant-Appellee.