MILLER v. FLA. EAST COAST RY. CO.

No. 84-924.

477 So.2d 55 (1985)

Robbie Lawson MILLER, Appellant/Cross-Appellee, v. FLORIDA EAST COAST RAILWAY COMPANY, a Florida Corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

October 24, 1985.


Attorney(s) appearing for the Case

Moore, Wood, Simpson & Korey, Ormond Beach, and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for appellant/cross-appellee.

Luke G. Galant of Dawson, Galant, Sulik, Ellis & Wiesenfeld, Jacksonville and Coble, McKinnon, Rothert, Barkin, Vukelja, Gordon & Godbee, P.A., Daytona Beach, for appellee/cross-appellant.


KIRKWOOD, L.R., Associate Judge.

This is an appeal from a judgment in a personal injury case. Appellant was riding his motorcycle on a public street and ran into a train as it crossed the roadway. Although there were various warning devices present and working there were no gates to prevent appellant and other motorists from entering into the railroad-roadway intersection. It was appellant's theory of liability that the defendant breached its duty to warn by failing...

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