Shumake v. Florida East Coast Railway Co.

DELL, Judge.

Appellant, Craig Shumake, appeals from a judgment on the pleadings entered against him in his action for personal injuries against appellee. Appellee, Florida East Coast Railway Co. (FEC), cross appeals the trial court’s order striking its defense of assumption of the risk.

Appellant sustained personal injuries when he attempted to cross appellee’s railroad tracks by climbing between the cars of a stopped train. Appellant’s amended complaint alleged, among other things:

The area where this accident occurred is an area where the trains of the Defendant, FLORIDA EAST COAST RAILWAY…