Cavender v. Consolidated Rail Corp.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending before this Court is Defendant Conrail’s motion for summary judgment and Third-Party Defendant duPont’s motion to dismiss. Briefly, this case involves a personal injury action by Cavender alleged to be the result of Conrail’s placing two defective railroad cars on the duPont tracks at duPont’s Bell, West Virginia, plant. Conrail impleaded duPont on the basis of a private sidetrack agreement. There appears to be no dispute that the tracks were under the complete control of duPont, and it further appears there is no dispute that the cars,…