LEXINGTON INS. CO. v. ROUNDS

No. 2:03-CV-41.

349 F.Supp.2d 861 (2004)

LEXINGTON INSURANCE COMPANY Plaintiff, v. Owen and Amy ROUNDS, Chuck Lawrence, Farm and Commercial Properties, Inc. d/b/a Arms Real Estate, and Bazin Brothers Trucking, Inc. Defendants.

United States District Court, D. Vermont.

December 20, 2004.


Attorney(s) appearing for the Case

Michael B. Flynn, Esq., Boston, MA, for Plaintiff.

Andrew C. Boxer, Esq., Springfield, VT, for Defendant.


OPINION AND ORDER

SESSIONS, Chief Judge.

As a children's nursery rhyme tells us, the kingdom can be lost all for want of a nail. But the question for the Court is, "Who should have purchased that nail?"

This action arises out of a train derailment that occurred on April 9, 2001 in Westminster, Vermont near a property owned by defendants Owen and Amy Rounds. Plaintiff Lexington Insurance Company ("Lexington") alleges that the negligence of...

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