Tolbert v. CSX Transportation

HALL, Judge.

Willie Tolbert challenges the summary judgment granted CSX Transportation in his personal injury action. He contends the trial court erred in denying his motion for leave to amend his complaint and in granting CSX’s motion for summary judgment. We agree and reverse.

On April 6, 1988, Tolbert filed a complaint against CSX alleging that on or *544about May 25, 1985, he was permanently injured while moving a switch point due to the negligence of CSX. CSX answered the complaint and raised affirmative defenses. After Tolbert testified at his deposition that he was injured while moving cross…