Burlington Northern Railroad v. JMC Transport, Inc.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Burlington Northern Railroad Company (“Burlington”) initially sued JMC Transport, Inc. (“JMC”) and Ben Reed Bramble (“Bramble”), alleging a Burlington locomotive and other equipment were damaged in July 1981 when struck at a crossing by a JMC truck negligently operated by Bramble. Some 18 months after Burlington filed its action, this Court granted JMC and Bramble leave to file Counterclaims alleging damages and personal injuries caused by Burlington’s negligence at the time of the collision. Most recently this Court permitted defendants to…