Opinion
No. 145 SSM 18 No. 146 SSM 19
05-03-2012
Frederick Bready et al., Appellants, v. CSX Transportation, Inc., Respondent, et al., Defendant. Brandon Harris et al., Appellants, v. CSX Transportation, Inc., Respondent, et al., Defendant.
Submitted by Edward J. Markarian, for appellants. Submitted by Dan Himmelfarb, for respondent.
For Each Case:
Submitted by Edward J. Markarian, for appellants.
Submitted by Dan Himmelfarb, for respondent.
MEMORANDUM:
The order of the Appellate Division in each case, insofar as appealed from, should be affirmed, with costs. Assuming without deciding that defendant CSX Transportation, Inc. owed plaintiffs a higher duty of care under the Federal Employer's Liability Act than under the common law, defendant made a prima facie showing that it did not breach that duty of care. Plaintiffs, in response, failed to establish that a triable issue of fact existed on the issue of breach of the duty of care. Accordingly, the Appellate Division properly granted defendant's motion for summary judgment dismissing the complaint in each case.
For Each Case: On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided May 3, 2012