JOHN PATRICK TEEHAN
v.
FLORIDA EAST COAST RAILWAY, L.L.C., A FLORIDA CORPORATION
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A genuine factual dispute as to when the plaintiff should have discovered his injury precludes summary judgment on a three-year statute of limitations defense under the Federal Employers' Liability Act.
[1] Under the Federal Employers' Liability Act, a genuine issue of material fact regarding when a plaintiff discovered or should have discovered an occupational injury preclu…
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Join FLexlaw to unlock all legal intelligenceJohn Teehan filed a Federal Employers' Liability Act action against Florida East Coast Railway. The trial court granted summary judgment dismissing th…
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to a judgment as a matter of law.”). Because summary judgment may not be entered based on the statute of limitations, all evidentiary rulings premised on this issue are rendered moot.
REVERSED.
LEWIS, WETHERELL, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ James R. Holland II of Harrell & Harrell, P.A., Jacksonville, and Jessie L. Harrell of The Harrell Firm, Jacksonville, for Appellant. Thomas E. Bishop and Helen P. Roberson of Tanner Bishop, Jacksonville, and James F. Moseley, Jr., and Joni A. Poitier of Moseley, Prichard, Parrish, Knight & Jones, P.A., Jacksonville, for Appellee.
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