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VASQUEZ v. NORTH COUNTY TRANSIT DIST.

Nos. 01-55326, 01-55415.

292 F.3d 1049 (2002)

Kenneth VASQUEZ; Linda Vasquez, as individuals, Plaintiffs-Appellants, City of San Diego, a municipal corporation, permissibly self-insured, Intervenor-Appellant, v. NORTH COUNTY TRANSIT DISTRICT (NCTD); San Diego Northern Railroad Company (subsidiary of NCTD); Metropolitan Transit Development Board; Santa Fe Railway; Atchison Railroad; Topeka Railroad; Burlington Northern Santa Fe Railway Company; San Diego Metropolitan Transit Board; San Diego Metropolitan Transit District; National Railroad Passenger Corporation (Amtrak) (formerly DOE 2); and DOES 4 through 200, inclusive, Defendants-Appellees, and Safetran Systems (formerly DOE 3); Western Cullen-Hayes, Inc. (formerly DOE 1), Defendants. Kenneth Vasquez; Linda Vasquez, as individuals, Plaintiffs-Appellees, City of San Diego, a municipal corporation, permissibly self-insured, Intervenor-Appellee, v. North County Transit District, San Diego Northern Railroad Company (subsidiary of NCTD); Santa Fe Railway; Atchison Railroad; Topeka Railroad; Burlington Northern Santa Fe Railway Company; San Diego Metropolitan Transit Board; San Diego Metropolitan Transit District; Western Cullen-Hayes, Inc. (formerly DOE 1); National Railroad Passenger Corporation (Amtrak) (formerly DOE 2); Safetran Systems (formerly DOE 3); and DOES 4 through 200, inclusive, Defendants, and Metropolitan Transit Development Board, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2002.

As Amended August 7, 2002.

Attorney(s) appearing for the Case

Dan Zeidman, Law Offices of Dan Zeidman, El Cajon, CA, for the plaintiffs-appellants-plaintiffs-appellees.

Tracy R. Richmond, Worden, Williams, Richmond, Brechtel & Gibbs, APC, Solana Beach, CA, for the defendants-appellees; Robert R. Heft and Lee H. Roistacher, Daley & Heft, Solana Beach, CA, for the defendant-appellee-defendant-appellant.

Robert J. Mulcahy, Deputy City Attorney, City of San Diego, for the intervenor-appellant-intervenor-appellee.

Before: REINHARDT and GRABER, Circuit Judges, and HUNT, District Judge.

GRABER, Circuit Judge.

Plaintiff Kenneth Vasquez brought this action against Defendants Metropolitan Transit Development Board (Board), North County Transit District, San Diego Northern Railroad Company, and Amtrak to recover damages for personal injury.1 Vasquez, a police officer, was hurt while working when a railroad crossing-gate arm broke and struck him on the head. The City of San Diego (City), which covered the resulting workers...

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