LASSWELL v. CSX TRANSPORTATION, INC.

No. 88-02302.

544 So.2d 1036 (1989)

Gene H. LASSWELL, Jr., Appellant, v. CSX TRANSPORTATION, INC., a Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 22, 1989.


Attorney(s) appearing for the Case

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

Sara Blair Lake of Melkus & Hunter, P.A., Tampa, for appellee.


CAMPBELL, Chief Judge.

Appellant challenges the final summary judgment for appellee, his employer. The court found that appellee had conclusively demonstrated the absence of any genuine issue of material fact on the issues of defect, notice and foreseeability that could be the basis for appellee's liability in appellant's negligence action brought pursuant to the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq.

The facts show that while appellant...

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