OPINION OF THE COURT
SEITZ, Circuit Judge.
I. BACKGROUND
Plaintiff, Hester Lee Searles, individually and in her capacity as administratrix of the estate of her husband, filed the first of two complaints on October 28, 1991, seeking damages for the fatal injuries sustained by her husband in the derailment of a Market/Frankford Elevated ("El") railcar on March 7, 1990.
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