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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.