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BATTEN v. CSX TRANSP., INC.

No. 1D00-3517.

811 So.2d 673 (2001)

Danny K. BATTEN, Appellant, v. CSX TRANSPORTATION, INC., a foreign corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 4, 2002.

Attorney(s) appearing for the Case

Scott B. Parks of Parks and Associates, Jacksonville, for Appellant.

Michael P. Milton and Sean L. Mulhall of Milton, Leach, D'Andrea & Ritter, Jacksonville, for Appellee.

PER CURIAM.

Danny K. Batten appeals a summary judgment granted in favor of the railroad, CSX Transportation, Inc., appellee, in his negligence suit under the Federal Employer's Liability Act (FELA). We affirm without discussion the trial court's determination that Batten's claim in Count I of his complaint for negligent infliction of emotional distress does not meet the "zone of danger" test set forth in Consolidated Rail Corp. v. Gottshall,

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