Collins v. CSX Transportation, Inc.

JOHN, Judge.

In this personal injury action, plaintiff appeals a judgment in favor of defendants based upon a jury verdict finding him con-tributorily negligent. He contends the trial court erred by (1) granting defendants’ motion in limine to exclude certain evidence; (2) refusing to submit the issue of defendants’ gross negligence to the jury; and (3) permitting defendants, post-verdict, to amend their pleadings to allege an affirmative defense. While we find one of plaintiff’s arguments persuasive, we nonetheless hold the trial court committed no prejudicial error.

At approximately 9:20 a.m.…