· 7/20/2006
Vito Tufariello v. Long Island Railroad Company, Docket No. 05-1945-Cv
Citations
- 458 F.3d 80
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that no expert testimony was required in the case of hearing loss from a railroad failing to provide a worker with ear protection
- holding that “causal link” between “hearing loss and repeated exposure to noise so loud that it causes physical pain or ear-ringing” is “widely known”
- holding that expert testimony is not needed to establish causation when “there is a generally understood causal connection between physical phenomena ... and the alleged injury that would be obvious to laymen”
- holding that a railroad employee could bring a negligence claim against his employer for hearing loss resulting from long-term exposure to train horns because no FRSA preclusion existed, as the FRSA only prescribed minimum sound levels for warning devices on trains
- holding that a railroad employee could bring a negligence claim against his employer for hearing loss resulting from long-term exposure to train horns because no FRSA preclusion existed, as the FRSA only prescribed minimum sound levels for warning devices on trains
- noting that the OSH Act does not preclude a negligence action for harm caused by employer’s failure to equip employee with hearing protection
Source: CourtListener parenthetical corpus (CC0).
Judges: Cabranes, Sack, Amon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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