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

> District Court of Appeal of Florida · May 6, 2015 · 170 So. 3d 27

URL: https://www.frixlaw.com/law-library/cases/9807220

## Case

- **Full name:** Crystal SELLS, as Personal Representative of the Estate of Larry Sells, Deceased, Appellant, v. CSX TRANSPORTATION, INC., Appellee
- **Court:** District Court of Appeal of Florida
- **Decided:** May 6, 2015
- **Citations:** 170 So. 3d 27; 2015 WL 1963751
- **Precedential status:** Published
- **Opinion:** Concurrence by Swanson
- **Judges:** Lewis, Swanson, Rowe
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9807220

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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?

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9807220. Public record. Not legal advice.