FLORIDA EAST COAST RY. CO. v. GONSIOROWSKI

No. 81-406.

418 So.2d 382 (1982)

FLORIDA EAST COAST RAILWAY COMPANY, Appellant, v. Gary GONSIOROWSKI, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 10, 1982.


Attorney(s) appearing for the Case

Kenneth L. Ryskamp of Goodwin, Ryskamp, Welcher & Carrier, P.A., Miami, for appellant.

Mark S. London, Hollywood, Simons & Schlesinger, P.A., Fort Lauderdale, and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for appellee.


BERANEK, Judge.

This is an action for personal injury sustained by plaintiff, Gary Gonsiorowski, when he was struck by a diesel locomotive operated by defendant, Florida East Coast Railway Company. The accident occurred on the evening of September 6, 1977, in Hollywood.

Plaintiff, who had been drinking, attempted to cross the railroad tracks at night at a place which was not a designated crossing but was often used as such by numerous persons. Plaintiff tripped...

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