Powell v. Consolidated Rail Corp.

This is an appeal and cross-appeal from the granting of summary judgment in favor of defendants-appellees, Consolidated Rail Corporation and numerous employees (hereinafter collectively “Conrail”) who were responsible for the operation of a Conrail train and maintenance of a crossing gate and its lights. Plaintiff-appellant, Phillip L. Powell, as executor of the estates of Kimberly Lee Powell and Shawna Lee Powell, and as guardian on behalf of his son, Phillip J. Powell, filed this action against Conrail as a result of a car-train collision which occurred May 14, 1981, on Old Oxford State…