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SEABOARD COAST LINE R. CO. v. CLARK

No. 84-770.

491 So.2d 1196 (1986)

SEABOARD COAST LINE RAILROAD COMPANY, Appellant, v. Jeffrey CLARK, as Personal Representative of the Estate of Yrmina Larrinaga Clark, Surviving Spouse of the Deceased, Alberto Larrinaga, Surviving Parent of the Deceased, and the Estate of Yrmina Larrinaga Clark, Deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

July 16, 1986.

Attorney(s) appearing for the Case

John S. Wilbur, Jr., and Mary M. Viator of Caldwell, Pacetti, Barrow & Salisbury, Palm Beach, for appellant.

Rossman, Baumberger & Peltz, P.A., Miami, and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for appellees.

PER CURIAM.

Seaboard Coast Line Railroad Company (hereinafter "Seaboard") appeals from an order entered by the trial court in a wrongful death case granting the appellees' motion for a new trial. We affirm.

On September 5, 1981, a Seaboard train tragically struck and killed Yrmina Larrinaga Clark while she was driving eastward on Yamato Road. The incident occurred at approximately 8:00 a.m. in the vicinity of the...

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