John Barilaro v. Consolidated Rail Corporation, Appeal of New England Produce Center, Inc., Third-Party

FUSTE, District Judge.

John Barilaro sued his former employer, Consolidated Rail Corporation (“Conrail”), for injuries he sustained allegedly due to the latter’s negligence. Conrail, in turn, filed a third-party complaint against New England Produce Center, Inc. (“NEPC”) for contractual indemnification under a 1968 “side track agreement” between NEPC and Conrail’s predecessor-in-interest. The district court granted Conrail’s motion for summary judgment against NEPC on the indemnification claim. NEPC now appeals, arguing a) that there remain genuine issues of material fact thus making summary…