Legal Opinion

Gilbert v. Consolidated Rail Corp.

Commonwealth Court of Pennsylvania

Decided March 16, 1993No. 1280 C.D. 1992PublishedCited by 13 opinions

1Opinion of the Court

PALLADINO, Judge.

Appellants, Max and Roberta Gilbert (Gilberts), appeal the order of the Court of Common Pleas of Philadelphia County (trial court) which granted appellee, Consolidated Rail Company’s (Conrail) motion for summary judgment. We reverse and remand to the trial court for further proceedings.

The Gilberts filed a wrongful death and survival action against Southeastern Pennsylvania Transportation Authority (SEPTA) and Conrail seeking damages for the death of their eighteen year old son, David, as a result of an accident which occurred on July 23, 1985. Tragically, David was struck by…

2Cases cited5 opinions

  1. Marks v. TasmanSupreme Court of Pennsylvania · 1991
  2. Peair v. Home Ass'n of Enola Legion No. 751Superior Court of Pennsylvania · 1981
  3. Brock Ex Rel. Baer v. Rogers & Babler, Inc.Alaska Supreme Court · 1975
  4. Lyons v. City of PittsburghCommonwealth Court of Pennsylvania · 1991
  5. Masciangelo v. DOLENTESuperior Court of Pennsylvania · 1972

3Cited by13 opinions

  1. Charles Spence v. Esab Grp IncCourt of Appeals for the Third Circuit · 2010
  2. Gresik v. PA Partners, L.P.Superior Court of Pennsylvania · 2009
  3. Gresik v. PA Partners, L.P.Supreme Court of Pennsylvania · 2011
  4. Longwell v. GiordanoSuperior Court of Pennsylvania · 2012
  5. Nicolescu v. Kerr, Pennsylvania Court of Common Pleas, Monroe County1998

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