TILLMAN v. FLORIDA EAST COAST RAILWAY, LLC

No. 1D07-4285.

988 So.2d 692 (2008)

John W. TILLMAN, Appellant, v. FLORIDA EAST COAST RAILWAY, LLC, Appellee.

District Court of Appeal of Florida, First District.

July 31, 2008.


Attorney(s) appearing for the Case

James H. Daniel of Coker Myers, Schickel, Sorenson & Daniel, P.A., and William Earl Higginbotham, Jacksonville, for Appellant.

Eric L. Leach of Milton, Leach, Whitman, D'Andrea & Milton, P.A., and C. Ryan Eslinger, Jacksonville, for Appellee.


PER CURIAM.

In this negligence action under the Federal Employers Liability Act (FELA), John W. Tillman appeals a final summary judgment entered in favor of Florida East Coast Railway, LCC (FEC), appellee. For the reasons that follow, we reverse.

In his complaint, Tillman alleged that he "was injured as a result of [FEC's] breach of duty when, as he attempted to operate the old yard/new yard lead switch, the switch...

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