Dixon v. CSX Transportation, Inc.

OPINION AND ORDER

BERTELSMAN, Chief Judge:

FACTS

On June 5, 1994, John Robert Elfers (“Robby”), a 17 year old tenth grader, went swimming with several of his friends in Grassy Creek in DeMossville, Kentucky. Although it was Robby’s first visit, the plaintiffs contend that the area attracted many swimmers because it offers seven ledges from which to jump into the water, including an active train bridge and concrete supports. The bridge and surrounding land is owned by defendant CSX Transportation. After numerous successful jumps, Robby jumped off a concrete platform approximately 41 feet to the…