PEOPLE EXPRESS AIRLINES, INC. V. CONSOLIDATED RAIL CORPORATION 495 A.2d 107 (1985) CASE BRIEF

PEOPLE EXPRESS AIRLINES, INC. V. CONSOLIDATED RAIL CORPORATION
495 A.2d 107 (1985)
NATURE OF THE CASE: Consolidated (D) appealed an order which reversed a grant of summary judgment in favor of D where People (P) alleged D's negligent conduct resulted in economic losses unaccompanied by property damage or personal injury.
FACTS: A tank car was punctured during a 'coupling' operation which ignited in the freight yard of Consolidated Rail Corporation (D). Consequently, the evacuation area included the North Terminal building of the Newark International Airport, where People's Express Airline's (P) was based. P's employees were prohibited from using the terminal for twelve hours. P contends that it suffered business-interruption losses as a result of the evacuation. Loses were incurred from canceled scheduled flights, lost reservations, and certain fixed operating expenses. No physical damage and no personal injury to P resulted from the fire. The trial court granted summary judgment for D. The Appellate Division reversed. This question is certified for consideration by the Supreme Court.

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