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BLIZZARD v. NATIONAL R.R. PASSENGER CORP.

Civ. A. No. 2:92CV428.

831 F.Supp. 544 (1993)

James E. BLIZZARD, Maurice L. Gamell, Jr., Rutch C. White, Mildred C. Gilliam, Russell Gilliam, James A. White, Jr., Dorothy Gamell, Phyllis Varone, Frances Cote, Marlene Williams, National Railroad Passenger Corporation d/b/a Amtrak, CSX Transportation, Inc., Diane Hollingsworth, Michelle D. Jennings, Alma Carpenter, Melanie Collins, Phyllis I. Kuehnle, Rose Gail Chenman, Plaintiffs, v. The NATIONAL RAILROAD PASSENGER CORPORATION d/b/a Amtrak, CSX Transportation, Inc., Sears Concrete Corporation, Defendants and Third-Party Plaintiffs, v. SEARS CONCRETE CORPORATION, Sears Contracting Corporation, and Sears Sand and Gravel, Inc., Third-Party Defendants.

United States District Court, E.D. Virginia, Newport News/Norfolk Divisions.

September 22, 1993.

Attorney(s) appearing for the Case

Willard James Moody, Jr., Stephen Edward Heretick, Moody, Strople & Kloeppel, Ltd., Portsmouth, VA, for plaintiffs.

Philip Gerald Denman, David Charles Bowen, Stephen Royce Jackson Willcox & Savage, Norfolk, VA, for National R.R. Passenger Co. d/b/a Amtrak and CSX Corp. Inc.

Richard Craig Gallagher, Richard Alan Saunders, Furniss, Davis, Rashkind and Saunders, Norfolk, VA, for Sears Concrete Corp.

Roger Gaylord Hopper, Saluda, VA, for Sears Sand and Gravel, Inc.

MEMORANDUM OPINION AND ORDER

PAYNE, District Judge.

Plaintiffs were injured when a passenger train collided with a truck owned by Sears Concrete Corporation ("Sears Concrete") on April 29, 1992, in Newport News, Virginia. Plaintiffs sued The National Railroad Passenger Corporation ("Amtrak"), the owner and operator of the train, and CSX Transportation, Inc. ("CSX") the owner of the tracks, seeking compensatory and punitive damages. Amtrak and CSX instituted...

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