Legal Opinion · Concurring in part, dissenting in part

Robert Zimmerman v. Norfolk Southern Corporation

Court of Appeals for the Third Circuit

Decided January 23, 2013No. 11-3369Published

1Concurring in part, dissenting in partAldisert, Circuit Judge

Robert Zimmerman appeals from an order of the District Court, which granted Norfolk Southern Corporation’s motion for summary judgment. He had filed a civil complaint against Norfolk Southern Corporation (“Norfolk Southern”) in the District Court seeking damages for injuries sustained when he abruptly applied his motorcycle brakes at a railroad crossing and flew over the motorcycle’s handlebars, colliding with the side of a lead train engine proceeding over the crossing. He bottomed his personal injury claim against the railroad on (1) negligent failure to warn of an approaching train; (2)…

2Cases cited24 opinions

  1. Helvering v. GowranSupreme Court of the United States · 1937
  2. Monroe v. BeardCourt of Appeals for the Third Circuit · 2008
  3. Gallo v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 1998
  4. Pierce County v. GuillenSupreme Court of the United States · 2003
  5. Krentz v. Consolidated Rail Corp.Supreme Court of Pennsylvania · 2006

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