Carey ex rel. Carey v. Consolidated Rail Corp.

MEMORANDUM

ROBERT F. KELLY, District Judge.

Plaintiffs commenced this action seeking compensation for injuries sustained when Plaintiff Jason Carey was struck by a Conrail train on April 5, 1990. Defendant Fluoro-Plastics, Inc. (“Defendant Fluoro”) owns property located adjacent to the railroad tracks where the accident occurred. Defendant Amtrak owns the property upon which the railroad tracks are located. A fence separates the property owned by Defendant Fluoro and the property owned by Amtrak. Pursuant to Federal Rule of Civil Procedure 12(c) and (h)(2), Defendant Fluoro filed this Motion…