Michael Pratt, Administrator of the Estate of Eric J. Pratt, Deceased v. National Railroad Passenger Corporation, dba Amtrak, et al.

Did the Second Circuit Court of Appeals, relying on the United States Supreme Court decision in Scott v. Harris, 550 U.S. 372 (2007), err in finding that there was insufficient evidence to raise a genuine issue of material fact based on failure to provide an adequate horn warning prior to the train striking and killing Mr. Pratt.

Did the Second Circuit Court of Appeals err in finding that the United States Supreme Court decision in Scott v. Harris, holds that video evidence is dispositive of factual issues even where there is a contention that what it depicts differs from what actually happened based on the testimony of all eyewitnesses.

Did the Second Circuit Court of Appeals err in finding that the existence of video evidence negates the requirement in a summary judgment proceeding that the facts and inferences to be drawn from the underlying facts contained in the materials presented must be viewed in the light most favorable to the party opposing the motion. Fed. Rule Civ. Pro. 56(c).