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WARNOCK v. SEABOARD SYS. RAILROAD

No. 86-1804.

510 So.2d 354 (1987)

Edward Vernon WARNOCK, Appellant, v. SEABOARD SYSTEM RAILROAD, INC., a Corporation, Appellee.

District Court of Appeal of Florida, Second District.

July 24, 1987.

Attorney(s) appearing for the Case

Joel S. Perwin of Beckham, McAliley & Schulz, P.A., Tampa, and Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for appellant.

A.J. Melkus of Melkus & Hunter, P.A., Tampa, for appellee.

CAMPBELL, Judge.

Appellant, Edward Vernon Warnock, appeals a partial summary judgment entered against him on the first count of his complaint. He sought relief under the Federal Employee's Liability Act (FELA), 45 U.S.C. § 51, for injuries he suffered while employed as an engineer for appellee, Seaboard System Railroad, Inc. (Seaboard). The trial judge based his summary judgment on the fact that Seaboard did not have sufficient notice of substantially similar...

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