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BLOSSOM v. CSX TRANSP., INC.

No. 91-7468.

13 F.3d 1477 (1994)

Allen Lee BLOSSOM, Plaintiff-Appellant, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 10, 1994.

Attorney(s) appearing for the Case

Davis and Saunders, Blake G. Arata, Jr., Benjamin B. Saunders, C. Perrin Rome, III, Metairie, LA, for plaintiff-appellant.

Hand, Arendall, Bedsole, Greaves & Johnston, Jerry A. McDowell, Brian P. McCarthy, Mobile, AL, for defendant-appellee.

Before COX, Circuit Judge, CLARK and WELLFORD, Senior Circuit Judges.

CLARK, Senior Circuit Judge:

This is a personal injury action brought by an injured workman, plaintiff-appellant Allen Lee Blossom ("Blossom"), against his former employer, defendant-appellee CSX Transportation, Inc. ("CSX"), under the Federal Employers' Liability Act ("FELA"). Blossom appeals from a jury verdict in favor of CSX. We find that the district court erred in instructing the jury and that the erroneous instructions are not harmless. Accordingly, we vacate...

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