Seaford v. Norfolk S. Ry. Co.

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[Cite as Seaford v. Norfolk S. Ry. Co., 106 Ohio St.3d 430, 2005-Ohio-5407.] SEAFORD ET AL., APPELLEES, v. NORFOLK SOUTHERN RAILWAY COMPANY, APPELLANT. [Cite as Seaford v. Norfolk S. Ry. Co., 106 Ohio St.3d 430, 2005-Ohio-5407.] Federal Employers Liability Act Damages Pro tanto credit Court of appeals judgment reversed in part on the authority of Hess v. Norfolk S. Ry. Co. and cause remanded. (No. 2005-0172 Submitted August 23, 2005 Decided October 26, 2005.) APPEAL from the Court of Appeals for Cuyahoga County, No. 83137, 2004-Ohio-6849. __________________ {¶ 1} The judgment of the court of appeals on the issue raised in appellant s Proposition of Law No. IV is reversed on the authority of Hess v. Norfolk S. Ry. Co., 106 Ohio St.3d 389, 2005-Ohio-5408, ___ N.E.2d ___, and the cause is remanded to the trial court for application of Hess. RESNICK, PFEIFER, LUNDBERG STRATTON, O CONNOR and O DONNELL, JJ., concur. MOYER, C.J., and LANZINGER, J., dissent. __________________ Brent Coon & Associates, Christopher J. Hickey, and Mary Brigid Sweeney; Kevin E. McDermott, for appellees. Gallagher, Sharp, Fulton & Norman, Kevin C. Alexandersen, Monica A. Sansalone, and Holly M. Olarczuk-Smith, for appellant. ______________________ 1

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