Estate of Martin Ex Rel. Martin v. Consolidated Rail Corp.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Plaintiff-Appellant Estate of Michael K. Martin (Martin) appeals the trial court’s order granting summary judgment in favor of the Defendant-Appellee Consolidated Rail Corporation (Conrail).

We reverse.

ISSUE

The parties raise a single issue, which we restate as:

Whether the law of the case doctrine precludes trial court consideration of a second summary judgment motion by a party when the second motion is based on new evidence relevant to a United States Supreme Court standard established after the trial court grant of the first motion.

We address a second…