Bennett v. Weirton Steel Co.

MEMORANDUM OPINION

KIDD, District Judge.

Pending before the Court is defendant Consolidated Rail Corporation’s (“Conrail’s”) motion for summary judgment and defendants Weirton Steel Company’s and National Steel Corporation’s (“Weirton Steel’s”) motion for partial summary judgment. The motions have been exhaustively briefed and are ripe for disposition.

This case involves a wrongful death action by the administratrix of Donald Bennett, who was engaged as a field brakeman by Weirton Steel. While engaged in the lawful scope and performance of his employment, in the process of dropping 41 railroad…