Consolidated Rail Corp. v. Maddox

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

Consolidated Rail Corporation (“Conrail”), a Pennsylvania corporation, filed suit against James Maddox (“Maddox”), a citizen of Delaware, and J & M Construction and Demolition (“J & M Construction”),1 after Conrail settled a suit brought against it by James F. Tuerk (“Tuerk”), a Conrail employee, who was injured in an area where J & M Construction was removing track and rail pursuant to a contract with Conrail. Although Conrail is the nominal plaintiff, Lloyd’s of London (“Lloyd’s”) is the party pursuing this action, because…