OCASIO v. AMTRAK


299 N.J. Super. 139 (1997)

EDWIN OCASIO AND SEYDA MOHAMMAD, BY HER G/A/L MARIA OCASIO, PLAINTIFFS-RESPONDENTS-CROSS-APPELLANTS, v. AMTRAK, NEW JERSEY TRANSIT AUTHORITY BUS COMPANY AND DONALD REED, DEFENDANTS-APPELLANTS-CROSS-RESPONDENTS, AND VAL WELDING CORPORATION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1997.


Attorney(s) appearing for the Case

Jennine DiSomma argued the cause for defendants-appellants-cross-respondents (Saiber, Schlesinger, Satz & Goldstein, attorneys; Ms. DiSomma, of counsel and on the brief; Robert B. Nussbaum and Deborah J. Fennelly, on the brief).

David P. Corrigan argued the cause for plaintiffs-respondents-cross-appellants (Giordano, Halleran & Ciesla, attorneys; Mr. Corrigan and Norman M. Hobbie, of counsel and on the brief; Charles A. Cerussi, on the brief).

Before Judges LONG, SKILLMAN and RODRIGUEZ.


The opinion of the court was delivered by SKILLMAN, J.A.D.

This appeal requires us to decide whether a railroad may be held liable for failing to take easy and inexpensive measures to block access to stairways leading to an abandoned railroad station which it should anticipate will be used as a shortcut to cross its tracks. We also must decide whether a plaintiff in a personal injury action who seeks damages for loss...

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