Kuchta

Kuchta v. National Railroad Passenger Corporation dba Amtrak

Good Law
United States District Court, Northern District of CaliforniaMay 1, 20233:22-cv-02198California8,541 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MADISON KUCHTA,

Case No. 22-cv-02198-JCS Plaintiff, 8 v. ORDER GRANTING MOTIONS TO DISMISS WITH LEAVE TO AMEND

NATIONAL RAILROAD PASSENGER

CORPORATION, et al., Re: Dkt. Nos. 48, 57 Defendants.

12 I. INTRODUCTION Plaintiff Madison Kuchta brings this wrongful death case in connection with the tragic death of her father, who was killed when he attempted to retrieve his dog from the railroad tracks and was hit by an Amtrak train. Plaintiff has named as defendants: 1) the National Railroad Passenger Corporation (“Amtrak”); 2) the County of Contra Costa (“County” or “Contra Costa County”); 3) Union Pacific Railroad Company (“Union Pacific”) and 3) Air Products & Chemicals, Inc. (“Air Products”). Both the County and Air Products have brought motions to dismiss under Rule 12(b)(6), which are presently before the Court. A hearing on the Motions was held on April 28, 2023. For the…

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