Legal Opinion
Goldwater v. Metro-North Commuter Railroad
District Court, S.D. New York
Decided November 6, 1995No. 93 Civ. 3628 (LLS)PublishedCited by 2 opinions
1Opinion of the Court
Opinion and Order
STANTON, District Judge.
Elaine Goldwater, an employee of the Metro-North Commuter Railroad (“Metro-North”), claims she was assaulted at a Metro-North station while waiting for a train. She sues Metro-North under the Federal Employers’ Liability Act (“FELA”) and state law.
Metro-North moves for summary judgment pursuant to Fed.R.Civ.P. 56(c), contending that (1) Goldwater’s FELA claim is barred by the “commuter rule” and (2) Metro-North had no duty to protect Goldwater from the criminal acts of third persons.
BACKGROUND
At the time of the incident, Goldwater was an administrative…
2Cases cited24 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Weiner v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1982
- Kircher v. City of JamestownNew York Court of Appeals · 1989
- Bonner v. City of New YorkNew York Court of Appeals · 1989
- Sassaman v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1944
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3Cited by2 opinions
- Elaine Goldwater v. Metro-North Commuter RailroadCourt of Appeals for the Second Circuit · 1996
- Ponce v. Northeast Illinois Regional Commuter RR Corp.District Court, N.D. Illinois · 2000