Penn Central Corp. v. Checker Cab Co.

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This case is before the court on defendants’ motion for summary judgment. On May 2, 1980, this court heard oral arguments on this motion and made an oral ruling denying defendants’ motion. This memorandum opinion sets forth the reasoning of that ruling.

FACTS

On January 30, 1976, three employees of plaintiff Penn Central Corporation were passengers of a cab operated as a Checker Cab, driven by defendant Lawrence Whit-lock, and owned by defendant Charles Lightfoot. According to plaintiff, cab transportation was arranged for the employees so that…