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ESTATE OF ZIMMERMAN v. S.E.P.T.A.

No. 98-1631.

168 F.3d 680 (1999)

ESTATE OF Aaron ZIMMERMAN; Kathryn Watkins, Administratrix a/k/a Catherine Watkins, Executrix; Linda Pardo, Individually and as heir to the Estate of Aaron Zimmerman a/k/a Aaron Thomas Zimmerman, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY; Amtrak; Consolidated Rail; The City Of Philadelphia. Estate of Aaron Zimmerman and Kathryn Watkins, Administratrix, a/k/a Catherine Watkins, Executrix, and Linda Pardo, individually and as heir to the Estate of Aaron Zimmerman a/k/a Aaron Zimmerman, Appellants.

United States Court of Appeals, Third Circuit.

Decided February 26, 1999.

Attorney(s) appearing for the Case

Frank J. Marcone (Argued), Upper Providence, PA, Counsel for Appellant

Wilfred T. Mills, Jr. (Argued), Gallagher, Reilly & Lachat, Philadelphia, PA, Counsel for "SEPTA", et al.

Alan C. Ostrow (Argued), City of Philadelphia Law Department, Philadelphia, PA, Counsel for City of Philadelphia.

Before: BECKER, Chief Judge, and SCIRICA and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

On August 6, 1994, the decedent Aaron Zimmerman, then twenty-three years of age, entered the area where trains run between 30th Street Station and Suburban Station in the City of Philadelphia, Pennsylvania. There he climbed to the top of a metal structure, which is approximately twenty-five feet tall and mounted in an upright position on a concrete foundation that supports a catenary at the top. A catenary is an...

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