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WARNER v. NORFOLK & WESTERN RY. CO.

Civ. A. No. 90-0016-H.

758 F.Supp. 370 (1991)

David M. WARNER, Plaintiff, v. NORFOLK & WESTERN RAILWAY CO., Defendant.

United States District Court, W.D. Virginia, Harrisonburg Division.

January 30, 1991.

Attorney(s) appearing for the Case

Elizabeth P. Coughter, Michie, Hamlett, Lowry, Rasmussen & Tweel, P.C., Charlottesville, Va. and Phillip D. Gaujot, Charleston, W.Va., for plaintiff.

Ronald D. Hodges and Charles F. Hilton, Wharton, Aldhizer & Weaver, Harrisonburg, Va., for defendant.

MEMORANDUM OPINION

MICHAEL, District Judge.

The matter presently before the Court is defendant Norfolk & Western Railway Company's (hereinafter "Norfolk & Western's") motion to dismiss the plaintiffs' claims for damages pursuant to a theory of strict liability in this consolidated civil action. Essentially, the plaintiffs argue that they were injured as a result of a collision between the vehicle in which they were

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