Legal Opinion
Benton v. CSX Transportation, Inc.
District Court of Appeal of Florida
Decided March 16, 2005No. 4D04-524PublishedCited by 5 opinions
1Opinion of the CourtMay, J.
The plaintiff appeals from an adverse verdict in a trial resulting from a train accident. He raises two evidentiary issues concerning the admission of collateral sources and the exclusion of an expert witness. We reverse and remand for a new trial.
On September 21,1995, an 88,000-pound truck, driven by a City of Boca Raton employee, failed to stop at a railroad crossing and collided with an Amtrak train. The only sign at the crossing was a handmade wooden stop sign. There were no lights or gate at the crossing. Truck drivers commonly used this crossing and often ignored the stop sign, a fact…
2Cases cited4 opinions
- Eichel v. New York Central RailroadSupreme Court of the United States · 1963
- Gormley v. GTE Products Corp.Supreme Court of Florida · 1991
- Cook v. EneyDistrict Court of Appeal of Florida · 1973
- Parker v. HoppockDistrict Court of Appeal of Florida · 1997
3Cited by5 opinions
- John Joerg, Jr., etc. v. State Farm Mutual Automobile Insurance Co.Supreme Court of Florida · 2015
- Muzuco v. Re$ubmitIt, LLCDistrict Court, S.D. Florida · 2013
- Nationwide Mutual Fire Insurance Co. v. HarrellDistrict Court of Appeal of Florida · 2010
- Russo v. LorenzoDistrict Court of Appeal of Florida · 2011
- John Joerg, Jr., etc. v. State Farm Mutual Automobile Insurance Co.Supreme Court of Florida · 2015