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CLEMENT v. CONSOLIDATED RAIL CORPORATION

No. 91-5668.

963 F.2d 599 (1992)

Susan E. CLEMENT, Administratrix Ad Prosequendum of the Estate of Thomas Allen Clement, Deceased, Individually, and as Legal Guardian for and on Behalf of Matthew Gordon Clement and Elizabeth Anne Clement, Minor Children v. CONSOLIDATED RAIL CORPORATION, Pennsylvania Truck Lines, Inc., American Presidents, Inc., Theurer, Inc.; and John Does 1 through 10, Consolidated Rail Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 12, 1992.

Attorney(s) appearing for the Case

Samuel D. Lord (argued), Connell, Foley & Geiser, Roseland, N.J., for appellant.

Peter R. Freed (argued), Smith, Stratton, Wise, Heher & Brennan, Trenton, N.J., for appellee.

Before: SLOVITER, Chief Judge, and SCIRICA and NYGAARD, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

One night Thomas Allen Clement was killed when he drove his pickup truck into a disabled flatbed trailer that had been dragged onto and left in the roadway. He was working at the time of the collision for Pennsylvania Truck Lines, Inc. ("PTL"), a wholly owned subsidiary of Consolidated Rail Corporation ("Conrail"). Clement's widow sued PTL, Conrail and others1 on behalf of their children...

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