Opinion

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

  • 170 So. 3d 27
  • 2015 WL 1963751
Court
District Court of Appeal of Florida
Filed
May 6, 2015
Status
Published
Author
Swanson
On the bench
Lewis, Swanson, Rowe
Cited by
4 cases

finding that given the nature of the employer and employee relationship, the employer had no duty to provide defibrillators to employees working in remote locations

How later courts described this case

  • finding that given the nature of the employer and employee relationship, the employer had no duty to provide defibrillators to employees working in remote locations

Written by the judges who cited it.

The opinion

SWANSON, J.,

concurring in part and dissenting in part.

In recognition of the fact that I am in the minority in the disposition of this appeal, I defer to the majority’s decision on the motion for rehearing or rehearing en *56 banc, and therefore concur with the denial in this aspect. However, I would grant the motion regarding the request for certification, and I would certify the following question:

DOES A RAILROAD'S DUTY UNDER THE FEDERAL EMPLOYER’S LIABILITY ACT, 45 U.S.C. § 51 , TO PROVIDE EMPLOYEES WITH A SAFE WORK PLACE WITH PROMPT MEDICAL CARE INCLUDE REASONABLY ANTICIPATING FORESEEABLE MEDICAL EMERGENCIES AND THE PROBLEMS THAT MAY ARISE IF THEY OCCUR IN A REMOTE AREA?

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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