SHUMAKE v. FLORIDA EAST COAST RY. CO

No. 4-86-1494.

534 So.2d 1178 (1988)

Craig SHUMAKE, Appellant/Cross Appellee, v. FLORIDA EAST COAST RAILWAY COMPANY, a Corporation Doing Business in the State of Florida, and R.L. Acosta, Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 12, 1989.


Attorney(s) appearing for the Case

Philip M. Burlington of Edna L. Caruso, P.A., and Law Office of Phillip C. Houston, West Palm Beach, for appellant/cross appellee.

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., West Palm Beach, for appellees/cross appellants.


DELL, Judge.

Appellant, Craig Shumake, appeals from a judgment on the pleadings entered against him in his action for personal injuries against appellee. Appellee, Florida East Coast Railway Co. (FEC), cross appeals the trial court's order striking its defense of assumption of the risk.

Appellant sustained personal injuries when he attempted to cross appellee's railroad tracks by climbing between the cars of a stopped train. Appellant's amended complaint alleged...

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