Legal Opinion
Rustay v. Consolidated Rail Corp.
District Court, D. New Jersey
Decided October 8, 1991No. Civ. 90-2936 (CSF)PublishedCited by 8 opinions
1Opinion of the Court
OPINION
CLARKSON S. FISHER, District Judge.
Before this court is a motion for summary judgment as to defendant’s liability brought by plaintiff, Scott Lee Rustay (“Rustay”), against defendant, Consolidated Rail Corp. (“Conrail”), and a cross-motion for summary judgment brought by Conrail. For the reasons stated below, both motions for summary judgment are denied.
On April 30, 1988, at about 9:30 P.M., the defendant’s train, while traveling through Alpha, New Jersey, at approximately 43 miles per hour, struck the plaintiff, who was lying on the tracks, partially severing his hand. Rustay, a…
2Cases cited21 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Goodman v. Mead Johnson & Co.Court of Appeals for the Third Circuit · 1976
- Sondra L. McKenna and James R. McKenna v. Ortho Pharmaceutical CorporationCourt of Appeals for the Third Circuit · 1980
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- J & R Ice Cream Corporation, a Corporation of the State of Florida v. California Smoothie Licensing Corporation, a Corporation of the State of New Jersey California Smoothie International, Inc., a Corporation of the State of New Jersey, Defendants/third-Party v. Jeffrey K. Baugher Richard Rossetti, Third-Party California Smoothie Licensing Corporation and California Smoothie International, Inc., Appellants-Cross-Appellees, J & R Ice Cream Corporation, Appellee-Cross-AppellantCourt of Appeals for the Third Circuit · 1994
- First Valley Leasing, Inc. v. GoushyDistrict Court, D. New Jersey · 1992
- Woods Corporate Associates v. Signet Star Holdings, Inc.District Court, D. New Jersey · 1995
- 74 Fair empl.prac.cas. (Bna) 1138, 71 Empl. Prac. Dec. P 44,940 Alice Jansen v. Packaging Corporation of America, Kimberly B. Ellerth v. Burlington Industries, Inc.Court of Appeals for the Seventh Circuit · 1997
- J & R Ice Cream Corp. v. California Smoothie Licensing Corp.Court of Appeals for the Third Circuit · 1994
3 more not listed; retrieve them via the Exa API.