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TOLBERT v. CSX TRANSP.

No. 91-01004.

590 So.2d 543 (1991)

Willie TOLBERT, Appellant, v. CSX TRANSPORTATION, a Virginia corporation and successor corporation of Seaboard System Railroad, Inc., Appellee.

District Court of Appeal of Florida, Second District.

December 18, 1991.

Attorney(s) appearing for the Case

Robert M. Loehr of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, for appellant.

Joel R. Brown of Melkus & Hunter, P.A., Tampa, for appellee.

HALL, Judge.

Willie Tolbert challenges the summary judgment granted CSX Transportation in his personal injury action. He contends the trial court erred in denying his motion for leave to amend his complaint and in granting CSX's motion for summary judgment. We agree and reverse.

On April 6, 1988, Tolbert filed a complaint against CSX alleging that on or about May 25, 1985, he was permanently injured while moving...

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