BENTON v. CSX TRANSP., INC.

No. 4D04-524.

898 So.2d 243 (2005)

Roger F. BENTON, Appellant, v. CSX TRANSPORTATION, INC., National Railroad Passenger Corp., Jeffrey Wallace Newcomb, and City of Boca Raton, Appellees.

District Court of Appeal of Florida, Fourth District.

March 16, 2005.


Attorney(s) appearing for the Case

John S. Mills of Mills & Carlin, P.A., Jacksonville, for appellant.

Stephen A. Gordon and Jose A. Gutierrez of Melkus, Fleming & Gutierrez, P.L., Tampa, for appellees.


MAY, 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 hand-made...

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