Forcino v. National Railroad Passenger

W. SHARP, Judge.

Thomas Forcino appeals from an order granting a motion for summary judgment filed by the National Railroad Passenger Corporation (Amtrak) in a personal injury action.1 Forcino, an Amtrak employee, was injured while attempting to répair a track following a train derailment at one of Amtrak’s railroad yards. We conclude that the evidence is sufficient to allow a jury to decide whether Amtrak’s negligence played any part in producing Forcino’s injury and remand the cause for further proceedings.

On January 12, 1993, a derailment occurred at Amtrak’s railroad yard in Sanford,…