Warner v. Norfolk & Western Railway Co.

MEMORANDUM OPINION

MICHAEL, District Judge.

The matter presently before the Court is defendant Norfolk & Western Railway Company’s (hereinafter “Norfolk & Western’s”) motion to dismiss the plaintiffs’ claims for damages pursuant to a theory of strict liability in this consolidated civil action. Essentially, the plaintiffs argue that they were injured as a result of a collision between the vehicle in which they were travelling and a train owned and operated by defendant Norfolk & Western. According to the plaintiffs, the operation of a train is an “ultra-hazardous” or “abnormally dangerous”…