District Court, D. Minnesota February 5, 2000, Civ.98-1462(PAM/JGL) (Johnson v. Loram Maintenance of Way, Inc.)

MEMORANDUM AND ORDER

MAGNUSON, Chief Judge.

This matter is before the Court upon Defendant’s Motion for Summary Judgment and Plaintiffs Cross Motion for Partial Summary Judgment on the issue of liability.

1

For the reasons set forth below, the Defendant’s Motion for Summary Judgment is granted, and the Plaintiffs Motion for Partial Summary Judgment is denied.

BACKGROUND

In April 1989, Jerry O.