Hollus v. Amtrak Northeast Corridor
| Citation | 937 F. Supp. 1110 |
| Decision Date | 20 September 1996 |
| Docket Number | Civil Action No. 95-1147. |
| Parties | Valerie HOLLUS, Plaintiff, v. AMTRAK NORTHEAST CORRIDOR, Conrail, New Jersey Transit, City of New Brunswick, State of New Jersey, Department of Transportation, County of Middlesex, ABC Corp., XYZ Corp., Richard Roe, Raritan Bay Medical Center, Perth Amboy Division, Dr. Pine, Dr. Jamieson, Dr. Stein, Dr. Baruiz, Dr. M. Khan, Dr. A. Pearl, Dr. S. Homer, Woodbridge Internal Medical Associates, Dr. Kuhn, The Central New Jersey Orthopaedic Group, D. Bathany, D. Plumbo, B. Ely, L.P.N., J. Tarlecher, D. Blaski, L.P.N., and Mary Roe, 1-100, R.N., Defendants. |
| Court | United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey |
James A. Shafranski, Lutz, Shafranski, Gorman & Mahoney, P.A., New Brunswick, NJ, for Plaintiff.
Ruth D. Kirshner, Jacqueline Greenberg, Landman, Corsi, Ballaine & Ford, P.C., Newark, NJ, for Defendant, Amtrak Northeast Corridor.
Thomas C. Hart, Ruprecht & Hart, Millburn, NJ, for Defendant, Conrail.
Peter G. Verniero, Attorney General of New Jersey, Steven L. Lang, Deputy Attorney General of New Jersey, Trenton, NJ, for Defendants, New Jersey Transit and State of New Jersey, Department of Transportation.
James B. Moran, Hoagland, Longo, Moran, Dunst & Doukas, New Brunswick, NJ, for Defendant, City of New Brunswick.
Lori A. Dvorak, Lynch, Martin, & Philibosian, North Brunswick, NJ, for Defendant, County of Middlesex.
This case, which invokes this court's infrequently exercised jurisdiction over federally created corporations in which the United States is the majority shareholder, requires this court to predict how the New Jersey Supreme Court would decide a seemingly "pedestrian," but still novel question of New Jersey law: Whether a plaintiff who trips over a weed growing over a sidewalk from an abutting railroad bridge may hold the railroad responsible for her injuries when the railroad does not own, maintain, or directly benefit from the sidewalk? Based upon the undisputed facts contained in the summary judgment record before this court, for the reasons which follow, I predict that the New Jersey Supreme Court, if presented with these facts, would conclude that the railroad is not liable to the plaintiff. Therefore, Amtrak's motion for summary judgment will be granted.
Plaintiff, Valerie Hollus ("Hollus" or "plaintiff"), commenced this action on January 4, 1995, against Amtrak Northeast Corridor ("Amtrak"), Conrail and various state and municipal entities, seeking damages for a slip and fall which is alleged to have taken place in the City of New Brunswick on May 10, 1994. Plaintiff filed her original complaint in the Law Division of the Superior Court of New Jersey, Middlesex County. Pursuant to 28 U.S.C. § 1441, defendant, Amtrak, filed its Notice of Removal in this court on March 8, 1995. The City of New Brunswick, the County of Middlesex, Amtrak, Conrail, the State of New Jersey and New Jersey Transit have all filed cross-claims.
On May 1, 1996, Hollus amended her complaint to allege claims of medical malpractice against the Raritan Bay Medical Center and the individual defendants and other entities involved in her medical care following the May 10, 1994 incident ("the medical defendants"). Removal jurisdiction is based upon 28 U.S.C. §§ 1331, 1349.1 Supplemental jurisdiction over Hollus's claims against the remaining defendants is conferred upon this court by 28 U.S.C. § 1367.
Amtrak, Conrail and the County of Middlesex have each moved for summary judgment pursuant to Fed.R.Civ.P. 56(b). Plaintiff opposes these summary judgment motions. In addition, Conrail opposes Amtrak's motion for summary judgment. The medical defendants have taken no position on the instant motions. As noted above, Amtrak's motion for summary judgment will be granted. The remaining motions will be denied without prejudice and the case remanded to the Law Division of the Superior Court of New Jersey, Middlesex County, pursuant to 28 U.S.C. § 1367(c)(3).2
On May 10, 1994, Valerie Hollus was injured as the result of a trip and fall allegedly caused by overgrown vegetation obstructing the sidewalk of Bayard Street, as it passes under a railroad bridge in the City of New Brunswick, Middlesex County, New Jersey. Plaintiff alleges that the vegetation that caused her to trip grew out of the sidewall of the railroad bridge. At the time of the accident, Hollus was leaving work at the Middle-sex County Courthouse and was walking to her designated parking space a few blocks away.
With the exception of Amtrak, the moving defendants all contend that, because they did not then own, control or maintain the railroad bridge, they owed no legal duty to Hollus at the time of the accident. Amtrak admits ownership of the railroad bridge over Bayard Street, but nevertheless asserts that it owes no duty to Hollus to keep the sidewalk abutting the bridge free of grass and weeds. Amtrak contends that it does not now, and never has assumed responsibility for the maintenance of the sidewalk, which it does not own, or for control of the weeds overgrowing the sidewalk. Affidavit of Jeffrey Pitkin ¶¶ 3-4.
The standard for summary judgment requires that this court view the underlying facts and all reasonable inferences taken therefrom in the light most favorable to the party opposing the motion. Pennsylvania Coal Ass'n v. Babbitt, 63 F.3d 231, 236 (3d Cir.1995) (citation omitted); see also Helen L. v. DiDario, 46 F.3d 325, 329 (3d Cir.), cert. denied, ___ U.S. ___, 116 S.Ct. 64, 133 L.Ed.2d 26 (1995); Valhal Corp. v. Sullivan Assocs., Inc., 44 F.3d 195, 200 (3d Cir.1995); Goodman v. Mead Johnson & Co., 534 F.2d 566, 573 (3d Cir.1976), cert. denied, 429 U.S. 1038, 97 S.Ct. 732, 50 L.Ed.2d 748 (1977).
Summary judgment should be granted only if this court concludes that "there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The moving party bears the burden of proving that no genuine issue of material fact is in dispute. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586 n. 10, 106 S.Ct. 1348, 1355 n. 10, 89 L.Ed.2d 538 (1986). The district court must grant summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Orson, Inc. v. Miramax Film Corp., 79 F.3d 1358, 1366 (3d Cir.1996).
The party may seek summary judgment on an issue on which its adversary will bear the burden at trial, by "pointing out to the district court that there is an absence of evidence to support the nonmoving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). There is no requirement that the moving party "support its motion with affidavits or similar materials negating the opponent's claim." Id.
Once the moving party has carried its initial burden, the nonmoving party "must come forward with `specific facts showing that there is a genuine issue for trial.'" Matsushita, 475 U.S. at 587, 106 S.Ct. at 1356 (quoting Fed.R.Civ.P. 56(e)) (emphasis added in Matsushita). When challenged on an essential element of its claim, the non-movant must present evidence in support of its claim in order to survive summary judgment. Celotex, 477 U.S. at 324, 106 S.Ct. at 2553 (1986).
The question for this court, then, is whether Hollus, or the cross-claimants, have presented sufficient evidence to create a dispute regarding a genuine issue of material fact, viewing the evidence in the light most favorable to them. Gottshall v. Consolidated Rail Corp., 56 F.3d 530 (3d Cir.1995); Big Apple BMW, Inc. v. BMW of N. Am., Inc., 974 F.2d 1358, 1363 (3d Cir.1992), cert. denied, 507 U.S. 912, 113 S.Ct. 1262, 122 L.Ed.2d 659 (1993); Nathanson v. Medical College of Pennsylvania, 926 F.2d 1368, 1381 (3d Cir. 1991). "Facts that could alter the outcome are `material', and disputes are `genuine' if evidence exists from which a rational person could conclude that the position of the person with the burden of proof on the disputed issue is correct." Horowitz v. Federal Kemper Life Assurance Co., 57 F.3d 300, 302 n. 1 (3d Cir.1995) (citations omitted).
For purposes of these summary judgment motions, the parties are in substantial agreement on the facts outlined above. These motions, which are based on an asserted absence of a legal duty to the plaintiff, present pure questions of law and, accordingly, are ripe for summary adjudication. See Nation Wide, Inc. v. Scullin, 256 F.Supp. 929, 932 (D.N.J.1966), aff'd, 377 F.2d 554 (3d Cir. 1967).
This court is obligated to consider whether subject matter jurisdiction exists, even though the parties have never questioned federal jurisdiction or put it at issue in these motions. Fed.R.Civ.P. 12(h)(3). This case presents an unusual exercise of this court's federal question jurisdiction, that of jurisdiction over cases involving federally-chartered stock corporations in which the United States is the majority shareholder. See 28 U.S.C. §§ 1331, 1349.3
The question whether the "arising under" clause of Article III conferred jurisdiction on the federal courts solely by virtue of a corporate plaintiff's federal charter was resolved by Chief Justice Marshall in favor of federal jurisdiction in Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738, 6 L.Ed. 204 (1824).4 Subsequently, the Supreme Court held that ordinary tort actions against federally-chartered railroads were automatically actions "arising under" the laws of the United States. The Pacific Railroad Removal Cases, 115 U.S. 1, 5 S.Ct. 1113, 29 L.Ed. 319 (1885). This holding is now generally thought to have been an excessively expansive reading of the congressional grant of "arising under" jurisdiction. See 13B Charles A. Wright, Arthur R. Miller & Edward H. Cooper,...
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