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CSX TRANSP., INC. v. WHITTLER

No. 93-1124.

645 So.2d 2 (1994)

CSX TRANSPORTATION, INC., Appellant, v. Jerry WHITTLER and Marsha Whittler, his wife, Paul L. Maddock, Jr., and Judith Cady Maddock, as Personal Representatives of the Estate of Paul L. Maddock, Sr., and City of West Palm Beach, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 26, 1994.

Attorney(s) appearing for the Case

John Beranek of Aurell Radey Hinkle Thomas & Beranek, Tallahassee, for appellant.

Marjorie Gardarian Graham of Marjorie Gardarian Graham, P.A., and Robert G. Merkel of Adams, Coogler, Watson & Merkel, 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.

PER CURIAM.

This is an appeal from a final judgment for contribution in a dispute between two defendants found liable in an underlying negligence case — appellant/CSX Transportation and appellees/Maddock.1 We reverse and remand for entry of final judgment in favor of appellant.

In October, 1988, a jury verdict awarded Mr. Whittler $1.3 million in damages for injuries he sustained when struck by a van.

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