Consolidated Rail Corp. v. Shirk

PALLADINO, Judge.

Consolidated Rail Corporation (Conrail) appeals an order of the Court of Common Pleas of Lebanon County (trial court) denying Conrad’s motion for summary judgment, and granting the motion for summary judgment of the City of Lebanon (City).

Jerry D. Shirk initiated an action by filing a complaint against Conrail, on behalf of his son, David S. Shirk, to recover damages for injuries sustained by David when he was injured on Conrad’s right of way. The Shirks made the following factual allegations in the complaint: on October 6, 1985, at approximately 9:30 p.m., David took a…