context: Since plaintiff has presented no objective evidence to disprove defendant's asserted sound levels, those figures must be assumed to be true for purposes of this motion. If in fact, as the LIRR asserts, the sound levels of its horns were in compliance with both the FRSA minimum standard and with OSHA's regulations, the plaintiff will have a difficult, if not impossible, time establishing that the railroad was negligent.
citation_a.signal: see also
citation_a.identifier: 700 So.2d 542, 550
citation_a.parenthetical: holding that "simply establishing that the workplace is noisy fails to meet the legal requirements for proving negligence"
citation_a.sentence: See Lessee v. Union Pac. R.R. Co., 38 Wash. App. 802, 804-07, 690 P.2d 596, 598-600 (Wash.Ct.App.1984) (finding that where the time weighted average of noise exposure was below OSHA levels requiring protection, plaintiff had failed to demonstrate negligence); see also Broussard v. Union Pac. R. Co.,. 700 So.2d 542, 550 (La.Ct.App.1997) (holding that “simply establishing that the workplace is noisy fails to meet the legal requirements for proving negligence”).
citation_b.signal: see
citation_b.identifier: 690 P.2d 596, 598-600
citation_b.parenthetical: finding that where the time weighted average of noise exposure was below OSHA levels requiring protection, plaintiff had failed to demonstrate negligence
citation_b.sentence: See Lessee v. Union Pac. R.R. Co., 38 Wash. App. 802, 804-07, 690 P.2d 596, 598-600 (Wash.Ct.App.1984) (finding that where the time weighted average of noise exposure was below OSHA levels requiring protection, plaintiff had failed to demonstrate negligence); see also Broussard v. Union Pac. R. Co.,. 700 So.2d 542, 550 (La.Ct.App.1997) (holding that “simply establishing that the workplace is noisy fails to meet the legal requirements for proving negligence”).