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WALTERS v. CSX TRANSPORTATION

No. 2D99-4147.

778 So.2d 396 (2001)

Leonard J. WALTERS, Appellant, v. CSX TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Second District.

January 19, 2001.

Attorney(s) appearing for the Case

George A. Vaka of Vaka, Larson & Johnson, P.L., Tampa, and Kenneth C. Whalen, Tampa, for Appellant.

Jose A. Gutierrez of Melkus & Fleming, Tampa, for Appellee.

DAVIS, Judge.

Leonard Walters challenges the circuit court order granting CSX Transportation's motion for summary judgment in Walters' Federal Employer Liability Act (FELA) action against CSX.1 Because we conclude that, as a matter of law, CSX has not met its burden in showing irrefutably that Walters could not prevail, we reverse and remand for further proceedings.

Walters injured his knee while working under a railroad car. He...

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