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ZIMMERMAN v. NORFOLK SOUTHERN CORP.

No. 11-3369.

706 F.3d 170 (2013)

Robert ZIMMERMAN, Appellant v. NORFOLK SOUTHERN CORPORATION.

United States Court of Appeals, Third Circuit.

Filed: January 23, 2013.

Attorney(s) appearing for the Case

Joshua M. Autry , Dennis E. Boyle , [Argued], Boyle, Autry & Murphy, Camp Hill, PA, Emily M. Bell , Jeffrey A. Conrad , Clymer, Musser, Brown & Conrad, Lancaster, PA, for Appellant.

Richard K. Hohn , [Argued], Robert M. Stroh , Hohn & Scheuerle, Philadelphia, PA, for Appellee.

Before: SMITH, CHAGARES, and ALDISERT, Circuit Judges.

OPINION

SMITH, Circuit Judge.

Robert Zimmerman was riding his motorcycle on a summer evening in 2008. He approached a railroad crossing, but it was dark and a building obscured the tracks. When he was less than seventy-six feet away, he noticed that a train was approaching. He tried to stop, but his front brake locked and he flew over the handlebars, colliding headfirst with a locomotive. The collision left him partially paralyzed. He sued Norfolk Southern...

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