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STALLWORTH v. ILLINOIS CENT. GULF R.R.

No. 81-7459.

690 F.2d 858 (1982)

Elbert STALLWORTH, Plaintiff-Appellant, v. ILLINOIS CENTRAL GULF RAILROAD, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 1, 1982.

Attorney(s) appearing for the Case

Melvin W. Brunson, Mobile, Ala., for plaintiff-appellant.

Wesley Pipes, Sam W. Pipes, Mobile, Ala., for defendant-appellee.

Before GODBOLD, Chief Judge, MERRITT and HENDERSON, Circuit Judges.

GODBOLD, Chief Judge:

Appellant Stallworth drove his automobile into an Illinois Central Gulf Railroad locomotive at approximately 2:30 a.m. the morning of January 8, 1980 at a crossing in Mobile, Alabama. He sued the railroad on the theories of negligence and wantonness in Alabama state court. The railroad removed to federal court based upon diversity. In the jury trial the district court refused to allow Stallworth to introduce evidence regarding placement of flares...

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