1st DCA Denies Rehearing on Railway's Duty

Florida's 1st District Court of Appeal panel is standing by its decision that the Federal Employers Liability Act does not impose a duty on railways to take preventive measures to guard against foreseeable medical emergencies. In May, a divided 1st DCA panel ruled that a railway was entitled to a directed verdict in its favor on this issue, which arose in a case called Sells v. CSX Transportation, No. 1D13-4775. Larry Sells had worked as a conductor for CSX Transportation. In August 2006, he suffered a heart attack shortly after disembarking from a train to manually operate a switch...