Civil Procedure Keyed to Friedenthal
Alderman v. Baltimore & Ohio Ry. Co
Alderman (Plaintiff) was a passenger on a train operated by Baltimore & Ohio Ry. Co. (Defendant). Plaintiff received a free pass from Defendant that stated she accepted the free pass on the condition that she released the company from all liability for personal injury or property damage. The train derailed during Plaintiff’s trip and Plaintiff sustained personal injuries. Plaintiff sued Defendant based on a theory of negligence, alleging that the derailment was caused by a crack in old tracks and that Defendant failed to replace the old tracks because the derailment was cheaper. Plaintiff then filed an amended complaint alleging Defendant engaged in willful and wanton conduct. Defendant moved for summary judgment.
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