ABB INC. v. CSX Transportation, Inc.

Filing 106

ORDER denying 48 Motion for Summary Judgment. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 4/5/2012. (Edwards, S.)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No. S:08-CV-2S-F

ABB,INC.,

)

Plaintiff,

)

)

)
)
)

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v.
CSX TRANSPORTATION, INC.,
Defendant.

ORDER

The court again has reviewed CSXT's Motion for Summary Judgment [DE-48-1] on the
issues that remain following entry of this court's order of March 22, 2012 [DE-lOS] allowing
CSXT's motion for summary judgment on its affirmative defense oflimitation ofliability [DE-48­
2]. In that resolution of the remaining issues will require evaluation of witness credibility and
fact-finding upon assessment of conflicting "expert" (or "opinion") witness testimony concerning
mechanical, scientific and technical evidence, the court concludes that genuine issues of material
fact abound necessitating a trial. CSXT's Motion for Summary Judgment [DE-48-1] as to ABB's
Carmack claim is DENIED.
A trial date during this court's May 14, 2012, term of courtl has been announced. The
Clerk of Court is DIRECTED to re-schedule the parties' Pretrial Conference with Magistrate
Judge David W. Daniel, at his direction in light of that trial date.
SO ORDERED. This, the

I

day of April, 2012.

J
ESC. FOX
S ior United States District Judge

1
The last scheduled trial date, June 6, 2011, was abandoned after the parties requested
a court-hosted settlement conference, which concluded unsuccessfully on June 7, 2011. See
Minute Entry [DE-103]. At that point, the matter was re-submitted to the undersigned on the
cross-motions for summary judgment.