Weaver v. National Railroad Passenger Corp.

MEMORANDUM OPINION

MICHAEL, District Judge.

Pursuant to a standing order entered on June 26, 1992, the court referred this ease to the Honorable B. Waugh Crigler, United States Magistrate Judge, for proposed findings of fact and a recommended disposition. The Magistrate Judge filed his Report and Recommendation on August 9, 1994, finding that while there exists a triable issue of fact in this case with respect to the defendants’ primary negligence, the plaintiff is precluded from recovering due to the contributory negligence of Myral Weaver (also “plaintiff’s decedent” or “decedent”). The…