Consolidated Rail Corp. v. Travelers Insurance Companies

PIVARNIK, Justice.

This cause comes to us on a petition to transfer from the Third District Court of Appeals by Consolidated Rail Corporation (hereinafter "Conrail") and Betty J. (Bri-ner) Smith. Smith was plaintiff in the trial court and brought action against Conrail and the Travelers Insurance Company (hereinafter "Travelers") for collection of benefits arising from the death of her husband, a railroad employee. The question presented to us results from a rather unusual turn of events surrounding the trial court's entry of two separate summary judgments, one in favor of Smith and against…