Koelling v. CSX Transportation, Inc.

COBB, Judge.

The appellant, the personal representative of the Estate of Jeffrey Raymond Andrews, deceased, was the plaintiff below in a wrongful death action against CSX Transportation, Inc. (CSX) and Florida Power & Light Company (FPL). Andrews was killed when the tractor-trailer rig he was operating was struck by a CSX train at a crossing of a railway track and a private single lane road over which FPL had an easement for access to its power plant in Southeast Volusia County.

Based on the pleadings and evidence presented to the trial court, it entered a summary final judgment for both…