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LUGO v. FLORIDA EAST COAST RY. CO.

No. 83-3033.

487 So.2d 321 (1986)

Luis E. LUGO and Elvia Lugo, His Wife, Appellants, v. FLORIDA EAST COAST RAILWAY COMPANY and J.I. Case Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 8, 1986.

Attorney(s) appearing for the Case

Harper & Hewitt, James C. Blecke, for appellants.

Squire, Sanders & Dempsey and Joanne M. Rose and David C. Goodwin and Kenneth Ryskamp, for appellee Fla. East Coast Ry. Co.

Adams Hunter Angones Adams Adams & McClure and Christopher Lynch, for appellee J.I. Case Co.

Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.

FERGUSON, Judge.

Appellants, plaintiffs below, make two arguments in this appeal: (1) the trial court erred in excluding the testimony of their expert witness for failure to list him as a witness for trial even though the essence of his testimony was set forth in an affidavit filed in opposition to defendants' motion for summary judgment, and the defendants deposed the witness at length four days before trial; and (2) the trial court erred in failing to instruct the...

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