Schnell argues that all claims and crossclaims against it should be dismissed for lack of personal jurisdiction, because this lawsuit does not "arise out of or relate to" an activity that it has "purposefully directed" at Pennsylvania. Whether this Court Has Personal Jurisdiction Over Schnell Cote's claims, and Norfolk Southern's and U.S.
Silica brought crossclaims against each other, and against Schnell and FB, for contribution and indemnification. Cote's Amended Complaint contains negligence claims against all those defendants 2 and a products liability claim against Schnell and FB. Silica's quarry to Shale Rail's facilities (3) against Schnell Industries, the manufacturer of the transloader and (4) against FB Industries, Schnell's exclusive distributor in Pennsylvania, who sold the transloader to Northeast Freight. Silica, the owner of the quarry where the sand originated (2) against Norfolk Southern Corporation, who transferred the sand from U.S. Cote initiated the above-captioned action: (1) against U.S. Cote was doing so, a coworker used the transloader to close the gate, severely injuring Mr. Cote to reach through the car's open gate to break up the clumps. Cote was working on a load of sand that had become wet and solidified in the rail car, forcing Mr. Cote would use the transloader to open a sliding gate on the bottom of a rail car, out of which sand would flow freely. His job there involved transferring frac sand from rail cars to tractor-trailers using a piece of equipment called a transloader. BACKGROUND 1Īt the times underlying the events of this case, Dayton Cote was employed by Shale Rail, LLC, a subsidiary of Northeast Freight Transfer, Inc. Norfolk Southern Corporation, Cross Defendant, represented by Maureen Rowan, Schnader Harrison Segal & Lewis LLP. Montgomery, PION NERONE GIRMAN WINSLOW & SMITH, PC. Sprout, Pion Nerone Girman Winslow & Smith, P.C.
Pion, Pion Nerone Girman Winslow & Smith, P.C., Bradley N. Silica Company, Cross Claimant, represented by John T. Montgomery, PION NERONE GIRMAN WINSLOW & SMITH, PC.įB Industries, Cross Defendant, represented by James H. Silica Company, Cross Defendant, represented by John T. McCarron, Swartz Campbell LLC & Kathleen M. Schnell Industries, Cross Defendant, represented by Jeffrey B. Norfolk Southern Corporation, Cross Claimant, represented by Maureen Rowan, Schnader Harrison Segal & Lewis LLP. Carson, Swartz Campbell, LLP.įB Industries, Defendant, represented by James H. Schnell Industries, Defendant, represented by Jeffrey B. Norfolk Southern Corporation, Defendant, represented by Maureen Rowan, Schnader Harrison Segal & Lewis LLP.
Silica Company, Defendant, represented by John T. Lynam, III, Villari, Lentz & Lynam LLC & Leonard G. Dayton Cote, Plaintiff, represented by Thomas A.