CSX TRANSP., INC. v. PALANK

Nos. 97-3798, 98-3875.

743 So.2d 556 (1999)

CSX TRANSPORTATION, INC., a foreign corporation, Appellant, v. Angelica Rose PALANK, as Personal Representative of the Estate of Paul Joseph Palank, deceased; and surviving spouse of Paul Joseph Palank, deceased; and as mother, natural guardian and next friend of Taylor Rose Palank, a minor, and Josef Paul Palank, a minor, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 5, 1999.


Attorney(s) appearing for the Case

John R. Hargrove of Heinrich Gordon Hargrove Weihe & James, P.A., Fort Lauderdale, and William G. Ballaine of Landman Corsi Ballaine & Ford P.C., New York, NY, for appellant.

Edna L. Caruso and Russell S. Bohn of Caruso, Burlington, Bohn & Compiani, P.A. and Searcy, Denney, Scarola, Barnhart & Shipley, P.A., West Palm Beach, for appellees.


DELL, J.

This action arises out of the derailment of an Amtrak train which was traveling on CSX Transportation, Inc.'s ("CSX") tracks in Lugoff, South Carolina, on July 31, 1991. The decedent, Paul Palank, was a passenger aboard the train. He was the husband of Angelica Palank and the father of two minor children, Josef and Taylor Palank. Angelica Palank, as personal representative of the estate, sued CSX for the wrongful death of Paul Palank, seeking compensatory...

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