Estate of Creek v. Mittal Steel USA, Inc.

MEMORANDUM OPINION

NORA BARRY FISCHER, District Judge.

I. INTRODUCTION

Pending before the Court is Defendants’ Mittal Steel US, Inc. (“Mittal”), International Steel Group (“ISG”), and Pristine Resources’ (collectively, “Defendants”) Motion for Summary Judgment [64]. For the following reasons, said motion is DENIED.

II. FACTUAL BACKGROUND

Plaintiffs Decedents David Creek and Lori Creek drowned in Pigeon Creek located on Defendants’ abandoned mine (hereinafter “Mine 51”) in Bentleyville and Ellsworth Boroughs in Washington County, Pennsylvania on May 8, 2005. (Docket No. 66 at ¶ 1, 2) (hereinafter…