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COPELAND v. UTDC TRANSIT SERVICES, INC.

No. 3D00-3492.

788 So.2d 401 (2001)

John COPELAND, as Personal Representative of the Estate of James E. Copeland, deceased, Appellant, v. UTDC TRANSIT SERVICES, INC., a Florida Corporation, Tri-County Commuter Rail Authority, an agency of the State of Florida, Florida Department of Transportation, a political subdivision of the State of Florida, and CSX Transportation, Inc., a foreign corporation, Appellees.

District Court of Appeal of Florida, Third District.

July 5, 2001.

Attorney(s) appearing for the Case

Bernard Butts, Hialeah; Kutner, Rubinoff, Bush & Lerner and Susan Lerner, Miami, for appellant.

Pemela S. Leslie and Gregory G. Costas (Tallahassee), for appellees.

Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ.

PER CURIAM.

Affirmed. Martin v. Rivers, 72 So.2d 789, 791-92 (Fla.1954) (The operator of the train "had the right, from the facts in the record here, to believe that the deceased was in possession of his faculties and his normal senses, and that with all of the signals of danger, the extent of which were almost overwhelming, he would not walk directly into the path of a moving...

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