Court Denies Summary Judgment to Delaware and Hudson Railway in Hearing Loss Case

HARRISBURG, Pa. — A federal judge has denied Delaware and Hudson Railway Co.’s motion for summary judgment in a workplace hearing loss suit, saying the extent of the plaintiff’s disability and the question of when he should have been aware of his injury should be left to a jury.

Judge William Nealon entered an order to that effect April 30 in the U.S. District Court for the Middle District of Pennsylvania.

Plaintiff James J. Alexander filed a lawsuit against the railway in April 2010, alleging that repeated exposure to loud noises during his employment and defendant’s failure to provide him …