CSX TRANSPORTATION, INC.
v.
SAMUEL F. BELCHER
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The trial court's judgment for the employee was proper and is affirmed.
[1] A railroad owning and responsible for maintaining its right-of-way cannot assert a negligence claim based upon its failure to maintain that property.
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Join FLexlaw to unlock all legal intelligenceCSX Transportation appealed a judgment entered in favor of Samuel F. Belcher in the Circuit Court for Duval County. The case involved CSX as the appel…
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WETHERELL and MAKAR, JJ., and BRASINGTON, MONICA J., Associate Judge, concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andrew J. Knight, II, and Jeffrey A. Yarbrough of Moseley Prichard Parrish Knight & Jones, Jacksonville, and Evan M. Tager and Matthew A. Waring of Mayer Brown LLP, Washington, DC, for Appellant. Charles H. Baumberger and Manuel “Alex” Reboso of Rossman, Baumberger, Reboso, & Spier, PA, Miami, and Bryan S. Gowdy and Meredith A. Ross of Creed & Gowdy, P.A., Jacksonville, for Appellee.