Billy Ray Parsons, Consolidated Rail Corporation, Defendant/third Party v. The Sorg Paper Company, Third Party

ENGEL, Senior Circuit Judge.

This action began with Plaintiff Parsons’ claim under the Federal Employers’ Liability Act (“FELA”), 42 U.S.C. § 51 et seq. against his employer Consolidated Rail Corporation (“Conrail”). Parsons, a train conductor for Conrail, twisted his ankle when he stepped on debris as he dismounted a train car which was in the yard of The Sorg Paper Company (“Sorg Paper”). Parsons’ claim against Conrail was eventually settled. Meanwhile, Conrail filed a third-party complaint against Sorg Paper for indemnity based on a sidetrack agreement. Following trial on the merits, the…