BRENNER v. CONSOLIDATED RAIL CORPORATION et al

Filing 53

ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 22 , AND ALL DOCUMENTS FILED IN SUPPORT THEREOF AND IN OPPOSITION THERETO, AND FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM, IT IS HEREBY ORDERED THAT DEFENDAN TS' MOTION IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF. AS TO PLAINTIFF'S REMAINING CLAIMS, DEFENDANTS' MOTION IS DENIED. SIGNED BY HONORABLE J. CURTIS JOYNER ON 4/18/11. 4/18/11 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RANDY K. BRENNER,
Plaintiff,
v.
CONSOLIDATED RAIL CORP. and
CSX TRANSPORTATION, INC.,
Defendants.

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CIVIL ACTION
NO. 09-01574

ORDER
AND NOW, this

18th

day of April, 2011, upon

consideration of Defendants’ Motion for Summary Judgment (ECF No.
22), and all documents filed in support thereof and in opposition
thereto, and for the reasons set forth in the accompanying
memorandum, it is hereby ORDERED that:
1.

As to Plaintiff’s claims based on the nature and size
of ballast used for track stability, support, and
drainage, Defendants’ Motion is GRANTED and judgment is
entered in favor of Defendants and against Plaintiff.

2.

As to Plaintiff’s remaining claims, Defendants’ Motion
is DENIED.
BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER, J.