GILBERT v. CONRAIL

No. 3412 July Term, 1985.

14 Pa. D. & C. 4th 147 (1992)

Gilbert v. Conrail

Common Pleas Court of Philadelphia County, Pennsylvania.

April 22, 1992.


Attorney(s) appearing for the Case

Tom P. Monteverde, for plaintiffs.

Philip E. Berens, and Janice Kolber, for defendant Southeastern Pennsylvania Transportation Authority.

D. Scott Morgan, and Janice Kolber, for defendant Conrail.


KLEIN, J., April 22, 1992.

On July 23, 1985, David S. Gilbert, then a college student at the University of Pennsylvania, was tragically killed when he suddenly walked in front of a northbound SEPTA train while attempting to catch a southbound SEPTA train. The accident occurred at the Ambler Station on one of SEPTA's regional rail lines.

This court held:

(1) Gilbert was more than 50 percent negligent as a matter of law, and therefore this is...

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