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Geoffrey Crowther v. Consolidated Rail Corporation and Csx Transportation, Inc

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Before Selya, Circuit Judge, Souter, Associate Justice, *fn1 and Lipez, Circuit Judge.

This is an appeal brought in consolidated negligence actions under the Federal Employers’ Liability Act (FELA), 45 U.S.C. _ 51 et seq., against the two railroad defendants by a former employee, Geoffrey Crowther, who held various laboring and supervisory positions over the course of 30 years. The claims in issue before us are for causing cumulative, or wear-out, injuries to the neck, knees, left elbow and thumb, and for accidental injury to the left forearm while driving a spike in 2005.

Crowther first filed separate actions for the cumulative injuries and for the accidental damage in the Pennsylvania County Court of Common Pleas on September 21, 2007, each of which was dismissed without prejudice and subject to an understanding, not disputed here, that any challenge to the timeliness of the claims, if renewed elsewhere, would be governed by the Pennsylvania entry date. Crowther filed a federal complaint in the district of Massachusetts for the wear-out injuries on March 5, 2009, together with separate claims for aggravation of physical conditions, not previously raised. Later in the same year, he filed a federal complaint for the accidental injury to the forearm. The district court granted defendants’ motion for judgment as a matter of law as to most of Crowther’s claims; those remaining were tried to defendants’ verdicts.

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