Ponte v. CSX Transportation, Inc.

Robert Ponte was injured at age fifteen while hopping aboard one of the appellee’s slow moving trains without permission and attempting to cross from one car to another. We affirm the final summary judgment entered in favor of the appellee on the grounds that the appellee had no duty to warn Ponte, a trespasser or an “uninvited guest licensee”, on its property of the open and obvious dangers of jumping onto its moving trains, see Florida E. Coast Ry. Co. v. Pickard, 573 So.2d 850, 857 (Fla. 1st DCA 1990), and that the record evidence otherwise failed to disclose that the appellee was actively…