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LEICHING v. CONSOLIDATED RAIL CORP.

No. 92-CV-1170.

901 F.Supp. 95 (1995)

Corey L. LEICHING, Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Defendant.

United States District Court, N.D. New York.

October 18, 1995.

Attorney(s) appearing for the Case

Ianniello, Anderson, Reily & Luhn, Clifton Park, NY (Christopher N. Luhn, of counsel), Herman, Herman, Katz & Cotlar, L.L.P., New Orleans, Louisiana (Russ M. Herman, Maury A. Herman, Leonard A. Davis, of counsel), for plaintiff.

Walker & Bailey, New York City (Lawrence R. Bailey, Jr., of counsel), for defendant.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

Plaintiff, Corey Leiching, sustained severe injuries, rendering him a quadriplegic, when he was struck by a train owned by the defendant Consolidated Rail. The plaintiff claims that the defendant was willfully, wantonly, and recklessly negligent. In addition, the plaintiff claims that the defendant's negligence was based on its failure to warn and keep adequate watch. The defendant...

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