Mercer v. Rockwell International Corp.

MEMORANDUM OPINION

HEYBURN, District Judge.

Defendant has once again moved for a dismissal. To begin, the Court has reviewed its previous opinions in this case to better assess their consistency throughout and now to better assess their application to the actual proof. Thereafter, the Court has completely reviewed its most important legal finding — the elements required for finding negligent trespass in these circumstánces. That review of this complex subject confirms in general the Court’s legal conclusions, but with some refinements. Finally, the Court has thoroughly reviewed the evidence —…