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accordingly, based on the foregoing, conrail’s motion is granted, and plaintiffs’ complaint is dismissed. see maryland r. s. § 5-503(b). a judgment of dismissal shall be entered in accordance with rule 58 of the federal rules of civil procedure.
see, e.g., deposition of jim bundy, at 29-31 (stating that the state would not consider the previous accidents because “they wouldn’t be identical to it”) (dehors the record); deposition of john windom, at 21 (stating that the “earlier accidents at the site of this one were not as horrific as that one”) (dehors the record); deposition of jeffrey morris, at 86 (stating that he knows of three incidents at the site which involved people being run over by cars or hit by cars). see generally f.n. [31]see, e., troop deposition, at 76 (a witness who was killed “was hit by a vehicle by the road that was fairly close to the place where ms. johnson was hit. mr. bailey, my roommate, was trying to help him and another person and he got out of the car, and got hit by a car”); id. at 78 (a witness who was killed on june 9, 1979, “was killed by a car on the night that i’m talking about”); id. at 77 (a witness who was killed “was hit by a car that was fairly close, not too close, but fairly close to where ms. johnson was hit”); deposition of john windom, at 21 (to the effect that because the other accidents were fairly close to the site of ms. johnson’s accident, they were “not comparable to her accident”).
both parties have failed to provide the necessary documents for the court to find that the evidence surrounding any particular accident is insufficient to permit a non-speculative assessment of the relevant factors. indeed, plaintiffs have relied upon written statements of the witnesses to the accidents, summaries of prior accidents, and even police reports to the effect that the state was aware of the prior accidents. see, e.g., plaintiffs’ memorandum in opposition to motion in limine at 2; plaintiffs’ memorandum in opposition to motion in limine at 1-3; plaintiffs’ motion to admit testimony regarding prior catenary accidents at construction site at 1-3. the need for reliable independent corroborating evidence of a prior accident is apparent from prior decisions in this circuit., kent v. dravo corp., 552 f.2d 978, 983 (3d cir.1977) (evidence not to be received unless “sufficiently similar or coherent to warrant some inference of relevant similarity” and there is “other satisfactory evidence of accident”). see also in re paoli railroad yard pcb litigation, 35 f.3d 717, 753 (3d cir.1994) (“[t]he district court has discretion in determining whether the issue can be tried in the absence of primary evidence of the event.”)
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