Crystal Sells, as Personal, etc. v. CSX Transportation, Inc.

SWANSON, J„

dissenting.

I respectfully dissent. In my view, CSX owed Mr. Sells a duty to act with reasonable care under the circumstances, and competent substantial evidence supports the jury’s verdict that CSX breached that duty of care. Therefore, I would reverse the trial court’s post-verdict order granting the motion for directed verdict. Having so decided, I must also address the second point raised by appellant and not addressed by the majority, that being whether the trial court erred by allowing *40the jury to consider whether Mr. Sells was comparatively at fault. On that point, for the…