WILLIAMSPORT — A railway company is suing North Shore Railroad Co. and Lycoming Valley Railroad Co., citing that North Shore has refused to assume the defense of Norfolk Southern in a wrongful death lawsuit.
Norfolk Southern Railway Co. filed a complaint on Sept. 24 in the U.S. District Court for the Middle District of Pennsylvania against the defendants, alleging they refused to arbitrate in the Eschbach wrongful death itigation.
According to the complaint, the plaintiff alleges that between June 2014 and August 2018, Norfolk Southern Railway Co. requested North Shore to indemnify and assume the defense of Norfolk Southern in the Eschbach Litigation in accordance with Section 12 of the Trackage Rights Agreement. North Shore originally agreed to participate in arbitration, but subsequently backed out of arbitration, Norfolk says.
The plaintiff holds North Shore Railroad Co. and Lycoming Valley Railroad Co. responsible because the defendants allegedly as part of the Trackage Rights Agreement agreed to arbitrate any and all disputes arising out of or relating to the Trackage Rights Agreement through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
The plaintiff seeks an order, pursuant to Section 4 of the Federal Arbitration Act, compelling arbitration of all claims pertaining to the interpretation of the Trackage Right Agreement as it relates to the tender of defense Norfolk Southern made to North Shore in the Eschbach Litigation, and grant such other relief that the court deems just and proper. They are represented by Gary Stewart and Diane Carvell of Rawle & Henderson LLP in Harrisburg.
The U.S. District Court for the Middle District of Pennsylvania Case No. is 4:18-cv-01861-MWB.