Golubow v. Long Island Railroad
| New York Eastern District Court | |
| Judge: | Joan M Azrack |
| Referred: | A Kathleen Tomlinson |
| Case #: | 2:17-cv-00467 |
| Nature of Suit | 330 Torts - Personal Injury - Federal Employers’ Liability |
| Cause | 45:51 Railways: Fed. Employer's Liability Act |
| Case Filed: | Jan 27, 2017 |
| Terminated: | Jul 08, 2021 |
| Last checked: Wednesday Jul 26, 2017 5:20 AM EDT |
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Defendant
Long Island Railroad
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Represented By
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Plaintiff
David Golubow
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Represented By
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GPO
Jul 07 2021
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Plaintiff David Golubow ("Plaintiff") brings this action against defendant Long Island Railroad ("Defendant") pursuant to the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51. He seeks recovery for injuries he sustained on November 10, 2016 when he fell from a platform at the West Side Yard (the "WSY") while at work. On March 22 and 23, 2021, a virtual bench trial on liability took place before the undersigned. The Court has carefully reviewed the transcript of the trial, the trial exhibits, and the parties post-trial submissions and has considered these materials in light of its own recollections of the trial and its perception of the credibility of the witnesses who testified. The Court issues the following findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52(a). As explained below, the Court finds that Plaintiff failed to satisfy his burden to prove by a preponderance of the evidence that Defendant was negligent. SEE ATTACHED for details. For the reasons set forth above, the Court directs the Clerk of Court to enter judgment accordingly in favor of Defendant and close this case. Ordered by Judge Joan M. Azrack on 7/7/2021. (Coleman, Laurie) |
| Docket last updated: 10 hours ago |
| Tuesday, September 07, 2021 | ||
| 70 | 70
appeal
USCA Mandate
Wed 09/08 9:56 AM
MANDATE of USCA 21-1759 as to69 Notice of Appeal filed by David Golubow. A notice of appeal was filed on July 19, 2021. Appellant's Form C was due on August 2, 2021. The case is deemed in default. IT IS HEREBY ORDERED that the appeal will be dismissed effective August 19, 2021 if the form is not filed by that date. (Landow, Concetta) |
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