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CSX TRANSP., INC. v. WHITTLER

Nos. 89-0033, 89-0112 and 90-2390.

584 So.2d 579 (1991)

CSX TRANSPORTATION, INC. and City of West Palm Beach, Appellants, v. Jerry C. WHITTLER and Marsha Whittler, His Wife, and Paul L. Maddock, Jr., and Judith Cady Maddock, As Personal Representatives of the Estate of Paul L. Maddock, Sr., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 23, 1991.

Attorney(s) appearing for the Case

John Wilbur of Coe & Broberg, Palm Beach and John Beranek of Aurell Radey, Hinkle & Thomas, Tallahassee, for appellant-CSX Transp., Inc.

Charles W. Musgrove, West Palm Beach, for appellant-City of West Palm Beach.

Richard D. Schuler of Schuler Wilkerson & Halvorson, P.A., and Philip M. Burlington, of Edna L. Caruso, P.A., West Palm Beach, for appellees-Jerry and Marsha Whittler.

Robert G. Merkel of Adams Coogler Watson & Merkel, P.A., and Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., West Palm Beach, for appellees-Paul L. Maddock, Jr., and Judith Cady Maddock, as Personal Representatives of the Estate of Paul L. Maddock, Sr.

EN BANC

PER CURIAM.

This appeal arises out of a negligence action in which the jury awarded appellees, Jerry C. and Marsha Whittler, damages for personal injuries Mr. Whittler suffered while working for CSX Transportation, Inc. ("CSX"), when he was struck by a van owned by the City of West Palm Beach ("the city"). We affirm.

FACTS

At the direction of his supervisor, Whittler drove a CSX vehicle to a private motor...

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