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LEE v. CSX TRANSP., INC.

No. 2D06-1416.

958 So.2d 578 (2007)

Albert LEE, Jr., as personal representative of the estate of Albert Lee, Sr., Appellant, v. CSX TRANSPORTATION, INC., Seaboard Coast Line Railroad Company, and Seaboard System Railroad, Inc., Appellees.

District Court of Appeal of Florida, Second District.

June 22, 2007.

Attorney(s) appearing for the Case

Hunter W. Carroll, David P. Carlton, and Kenneth Hancock of Carlton & Carlton, Lake Suzy; Archie Lamb of The Lamb Firm, LLC, Birmingham, AL; Christopher LoPalo of Napoli Bern Ripka, LLP, New York, NY; and E. Kirk Wood of The Wood Law Firm, Birmingham, AL, for Appellant.

A. Lamar Matthews, Jr., and Arthur S. Hardy of Matthews Eastmoore Hardy Crauwels & Garcia, P.A., Sarasota; Donald D. Anderson of McGuirewoods, LLP, Jacksonville, and Scott L. Winkelman and Beth M. Kramer of Crowell & Moring, LLP, Washington, D.C., for Appellees.

CANADY, Judge.

The plaintiff in a wrongful death action, Albert Lee, Jr., as personal representative of the estate of Albert Lee, Sr., appeals the final summary judgment entered in favor of the defendant, CSX Transportation, Inc. The action against CSX was predicated on allegations that the cancer which took the decedent's life was caused by toxic environmental contamination released from a coal tar creosote plant owned by CSX in the Nocatee-Hull area of DeSoto County...

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