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HOLLUS v. AMTRAK NORTHEAST CORRIDOR

Civil Action No. 95-1147.

937 F.Supp. 1110 (1996)

Valerie HOLLUS, Plaintiff, v. AMTRAK NORTHEAST CORRIDOR, Conrail, New Jersey Transit, City of New Brunswick, State of New Jersey, Department of Transportation, County of Middlesex, ABC Corp., XYZ Corp., Richard Roe, Raritan Bay Medical Center, Perth Amboy Division, Dr. Pine, Dr. Jamieson, Dr. Stein, Dr. Baruiz, Dr. M. Khan, Dr. A. Pearl, Dr. S. Homer, Woodbridge Internal Medical Associates, Dr. Kuhn, The Central New Jersey Orthopaedic Group, D. Bathany, D. Plumbo, B. Ely, L.P.N., J. Tarlecher, D. Blaski, L.P.N., and Mary Roe, 1-100, R.N., Defendants.

United States District Court, D. New Jersey.

September 20, 1996.

Attorney(s) appearing for the Case

James A. Shafranski, Lutz, Shafranski, Gorman & Mahoney, P.A., New Brunswick, NJ, for Plaintiff.

Ruth D. Kirshner, Jacqueline Greenberg, Landman, Corsi, Ballaine & Ford, P.C., Newark, NJ, for Defendant, Amtrak Northeast Corridor.

Thomas C. Hart, Ruprecht & Hart, Millburn, NJ, for Defendant, Conrail.

Peter G. Verniero, Attorney General of New Jersey, Steven L. Lang, Deputy Attorney General of New Jersey, Trenton, NJ, for Defendants, New Jersey Transit and State of New Jersey, Department of Transportation.

James B. Moran, Hoagland, Longo, Moran, Dunst & Doukas, New Brunswick, NJ, for Defendant, City of New Brunswick.

Lori A. Dvorak, Lynch, Martin, & Philibosian, North Brunswick, NJ, for Defendant, County of Middlesex.

OPINION

ORLOFSKY, District Judge:

This case, which invokes this court's infrequently exercised jurisdiction over federally created corporations in which the United States is the majority shareholder, requires this court to predict how the New Jersey Supreme Court would decide a seemingly "pedestrian," but still novel question of New Jersey law: Whether a plaintiff who trips over a weed growing over a sidewalk from an abutting railroad bridge may hold the...

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