JOHN J. SHAW, APPELLANT,
v.
SEABOARD COAST LINE RAILROAD COMPANY, A RAILROAD CORPORATION, APPELLEE
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The First District Court of Appeal of Florida reversed a trial court's dismissal of a Federal Employer's Liability Act (FELA) case based on the doctrine of forum non conveniens. The appellate court found the case to be "on all fours" with a prior decision that allowed such cases to proceed.
No, the trial court erred in dismissing the FELA action. The appellate court held that the case was directly analogous to a prior controlling decision and should not have been dismissed on forum non conveniens grounds.
“Appellant John J. Shaw, plaintiff below, appeals from a final order of the trial court dismissing without prejudice this Federal Employer's Liability action on the doctrine of forum non conveniens.”
Establishes the nature of the appeal and the lower court's decision.
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Join FLexlaw to unlock all legal intelligenceJohn J. Shaw, a North Carolina resident and employee of Seaboard Coast Line Railroad Company, sued the railroad in Florida for injuries sustained in N…
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Appellant John J. Shaw, plaintiff below, appeals from a final order of the trial court dismissing without prejudice this Federal Employer’s Liability action on the doctrine of forum non conveniens.
Plaintiff Shaw, a resident of North Carolina, alleged that he was injured on February 1, 1968, while an employee of appellee Railroad at Rocky Mount, North Carolina. Defendant Railroad is a Virginia corporation, having its principal place of business in Jacksonville, Florida. At the time he entered his order dismissing the instant cause, the trial judge did not have the benefit of this Court’s recent decision in Adams v. Seaboard Coast Line Railroad Company, 224 So.2d 797 (Fla.App.1st 1969), which is an “on all fours” case. Upon the authority of same, the judgment of dismissal by the trial judge in the instant cause is reversed and the cause is remanded for further proceedings.
Reversed and remanded.
JOHNSON, C. J., CARROLL, DONALD K., and RAWLS, JJ., concur.
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Citator
Cited By
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Seaboard Coast Line R.R. Co. v. Ford, 238 So. 2d 473 (Fla. 1st DCA 1970)…PER CURIAM. Interlocutory appeal dismissed on authority of Shaw v. Seaboard Coast Line Railroad Company, 229 So. 2d 275 (Fla.App.1970), cert. denied March 24, 1970, 237 So. 2d 540 (Fla.), and Adams v. Seaboard Coast Line Railroad Company, 224 So. 2d 797 (Fla.App.1969). JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur.…
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Houston v. Caldwell, 347 So. 2d 1041 (Fla. 4th DCA 1977)…; Southern Railway Company v. McCubbins, 196 So. 2d 512 (Fla.3d DCA 1967); Adams v. Seaboard Coast Line Railroad Company, 224 So. 2d 797 (Fla.1st DCA 1969); Ganem v. deIssa, 225 So. 2d 564 (Fla.3d DCA 1969); Shaw v. Seaboard Coast Line Railroad Co., 229 So. 2d 275 (Fla.1st DCA 1969); Killingsworth v. Montgomery Ward & Co., 327 So. 2d 50 (Fla.2d DCA 1976). In Hagen v. Viney, supra, Justice Terrell specifically noted both of the parties were nonresidents. The progeny of this case have consistently accepted thi…
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Seaboard Coast Line R.R. Co. v. West, 242 So. 2d 156 (Fla. 1st DCA 1970)…PER CURIAM. Interlocutory appeal dismissed. See Adams v. Seaboard Coast Line Railroad Co., 224 So. 2d 797 (Fla.App. 1969) and Shaw v. Seaboard Coast Line Railroad Co., 229 So. 2d 275 (Fla.App.1970), cert. den. 237 So. 2d 540 (Fla.1970). CARROLL, DONALD K., Acting Chief Judge, and SPECTOR and WIGGINTON, JJ-, concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Yewell Adams v. Seaboard Coast Line R.R. Co., 224 So. 2d 797 (Fla. 1st DCA 1969)