Scanlon v. Consolidated Rail Corp.

This is an appeal from a decree of summary judgment entered April 28, 1989, in favor of defendants-appellees, Fulton County Board of Commissioners ("Fulton County").

The undisputed facts of this case are as follows. On April 18, 1986, plaintiff-appellant, John G. Scanlan, Jr., was struck, while driving his car, by a Consolidated Rail Corporation ("Consolidated") train. The incident occurred while he was crossing train tracks that intersect Leggett Road, County Road E, in Clinton Township, Fulton County, Ohio.

On August 4, 1987, appellant filed a complaint against both Fulton County and…