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CAPITANO v. CSX TRANSP., INC.

No. 96-02373.

698 So.2d 652 (1997)

Sam CAPITANO, Appellant, v. CSX TRANSPORTATION, INC., Appellee.

District Court of Appeal of Florida, Second District.

September 5, 1997.

Attorney(s) appearing for the Case

Robert J. Beckham, Jacksonville, and Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for Appellant.

Robert Wallace, Tampa, for Appellee.

DANAHY, Acting Chief Judge.

In October 1992 the appellant, Sam Capitano, was injured while in the employ of the appellee, CSX Transportation, Inc. He sued CSX for negligence in causing his injuries pursuant to the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60. Denying Capitano's motion for directed verdict on the issue of comparative negligence, the trial court submitted the issue of comparative negligence to the jury despite Capitano's contention...

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