GUADAGNO v. BALTIMORE R. R.


142 Misc.2d 712 (1988)

John Guadagno, Plaintiff, v. Baltimore & Ohio Railroad Company et al., Defendants. L.C.P. Chemicals & Plastics, Inc., et al., Third-Party Plaintiffs, v. Town of Hamburg, Third-Party Defendant.

Supreme Court, Erie County.

July 15, 1988


Attorney(s) appearing for the Case

Moot & Sprague (Michael A. Brady of counsel), for Baltimore & Ohio Railroad Company, defendant. Cohen & Lombardo, P. C. (William E. Coplon of counsel), for L.C.P. Chemicals & Plastics, Inc., defendant and third-party plaintiff. Damon & Morey (Anthony J. Colucci, III, of counsel), for third-party defendant. Paul William Beltz, P. C. (William A. Quinlan of counsel), for plaintiff.


MARIO J. ROSSETTI, J.

Motion by defendant, Baltimore & Ohio Railroad Company, and joined in by defendants, L.C.P. Chemicals & Plastics, Inc., and third-party defendant, Town of Hamburg, for summary judgment.

On October 31, 1981, at 7:00 A.M., plaintiff, a Town of Hamburg police officer, while off duty, was contacted at home and advised that a train had derailed, prompting a declaration of a...

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