Clement v. Consolidated Rail Corp.

OPINION

CLARKSON S. FISHER, District Judge.

This litigation stems from an accident which took the life of Thomas Allen Clem*267ent, an employee of defendant Pennsylvania Truck Lines, Inc. (“PTL”), who drove a pick-up truck into a chassis which was situated alongside Track D in defendant Consolidated Rail Corporation’s Trailvan Terminal in South Kearny, New Jersey. The defendants are presently before the court moving for summary judgment on Conrail’s crossclaim against PTL for indemnity. For the reasons set forth below, PTL will not be required to indemnify Conrail for Conrail’s own negligence.

FACTS

C…