Lynch v. Florida Central Railroad

HARRIS, Judge.

The issue in this case is whether Florida Central Railroad Company, Inc. (Railroad) is liable under ordinary negligence principles (as opposed to premises liability) when a trespasser falls asleep under a railcar located on Railroad’s property and is undiscovered and injured when the railcar is moved. The trial court dismissed the complaint. We affirm.

Kenneth F. Lynch alleges that although Railroad was unaware of his presence at the time of the injury, it was aware that people often congregated and consumed alcohol around the location where this accident occurred. He further…