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LIVELY v. CSX TRANSP., INC.

No. 88-03397.

557 So.2d 210 (1990)

Herbert M. LIVELY, Appellant, v. CSX TRANSPORTATION, INC., Appellee.

District Court of Appeal of Florida, Second District.

February 23, 1990.

Attorney(s) appearing for the Case

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

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

RYDER, Judge.

Herbert M. Lively seeks review of the trial court's order of final summary judgment in favor of CSX Transportation, Inc., in a negligence action. We reverse.

Lively had been employed by CSX for twenty-one years as a carman, whose job it was to inspect and repair defective railroad equipment. On the day he was injured, Lively was attempting to extract a piece of scrap rail which had fallen through one of the holes in the flooring of the railroad...

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