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PEREZ v. FLORIDA EAST COAST RAILWAY CO.

No. 94-2766.

673 So.2d 62 (1996)

Jose F. PEREZ, Appellant, v. FLORIDA EAST COAST RAILWAY CO., and FEC Inspections, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 15, 1996.

Attorney(s) appearing for the Case

Rossman, Baumberger & Reboso, P.A.; Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., and Joel D. Eaton, Miami, for appellant.

Corlett Killian, P.A., and Andrew E. Grigsby, Miami, for appellees.

Before SCHWARTZ, C.J., and JORGENSON and GERSTEN, JJ.

PER CURIAM.

Jose Perez, a railroad worker, appeals from the trial court's order denying his motion for directed verdict on his own comparative fault.

The jury was improperly charged to consider plaintiff's comparative fault on evidence that supported no more than assumption of the risk—a defense specifically barred under the Federal Employers' Liability Act (FELA). 45 U.S.C. § 54 (1990); Taylor v. Burlington Northern R.R.,

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