DIXON v. CSX TRANSP., INC.

Civil Action No. 95-80.

947 F.Supp. 296 (1996)

Cheryl DIXON, Individually; John Robert Elfers, Jr., Individually and Cheryl Dixon, Administratrix of the Estate of John Robert Elfers, III, Plaintiffs, v. CSX TRANSPORTATION, INC., Defendant.

United States District Court, E.D. Kentucky.

December 4, 1996.


Attorney(s) appearing for the Case

David E. Davidson, Cobb & Oldfield, Covington, KY, for Plaintiffs.

James F. Brockman, Lindhorst & Dreidame, Cincinnati, OH, for Defendant.


OPINION AND ORDER

BERTELSMAN, Chief Judge:

FACTS

On June 5, 1994, John Robert Elfers ("Robby"), a 17 year old tenth grader, went swimming with several of his friends in Grassy Creek in DeMossville, Kentucky. Although it was Robby's first visit, the plaintiffs contend that the area attracted many swimmers because it offers seven ledges from which to jump into the water, including an active train bridge and concrete supports. The bridge...

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