Keiffer v. Southern Pacific Transportation Co.

MEMORANDUM OPINION AND ORDER ON REHEARING

JOE J. FISHER, Chief Judge.

The Plaintiffs, several children and their parents, have brought this action against the Defendant, the Southern Pacific Transportation Company, alleging negligence resulting in a collision between the school bus in which several of the plaintiff children were riding and a railroad train operated by the Defendant. Jurisdiction is based on diversity of citizenship, and venue is predicated upon the residence of the Plaintiffs. The Defendant filed a third-party claim for contribution under the Texas Tort Claims Act (“Act”)…