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CAREY v. CONSOLIDATED RAIL CORP. (CONRAIL)

Civ. A. No. 92-2417.

810 F.Supp. 164 (1992)

Jason CAREY, a Minor, by Marge CAREY and Kenneth Eisler, his parents and natural guardians, and Marge Carey and Kenneth Eisler, in their own right, Plaintiffs, v. CONSOLIDATED RAIL CORPORATION ("CONRAIL"), James A. Thomas, John F. McConaghy, Eugene Molloy, National Rail Passenger Corporation ("AMTRAK"), and Fluoro-Plastics, Inc., Defendants.

United States District Court, E.D. Pennsylvania.

December 28, 1992.

Attorney(s) appearing for the Case

Stephen T. Saltz, Larry Bendesky, Daniels, Saltz, Mongeluzzi & Barrett, Ltd., Philadelphia, PA, for plaintiffs Jason Carey, a minor by Marge Carey and Kenneth Eisler.

Paul F.X. Gallagher, Thomas O'Neill, Gallagher, Reilly and Lachat, Philadelphia, PA, for defendants Consolidated Rail Corp., James A. Thomas, John F. McConaghy, Eugene Molloy and Nat'l Railroad Passenger Corp. (AMTRAK).

Fluoro-PLastics, Inc., Philadelphia, PA, pro se.

C. George Milner, president, Fluoro-Plastics, Inc., John F. Ledwith, Lambrum and Doak, Philadelphia, PA, for Fluoro-Plastics, Inc.

MEMORANDUM

ROBERT F. KELLY, District Judge.

Plaintiffs commenced this action seeking compensation for injuries sustained when Plaintiff Jason Carey was struck by a Conrail train on April 5, 1990. Defendant Fluoro-Plastics, Inc. ("Defendant Fluoro") owns property located adjacent to the railroad tracks where the accident occurred. Defendant Amtrak owns the property upon which the railroad tracks are located. A fence separates the property owned by Defendant...

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