SEABOARD COAST LINE RAILROAD COMPANY, A RAILROAD CORPORATION, APPELLANT,

v.

CLYDE G. WEST, APPELLEE

Citator

Cited By

• Md. Maint. Serv., Inc. v. Vittorio Palmieri and Bertha Palmieri, 559 So. 2d 74 (Fla. 3d DCA 1990)
  …etan Life, 599 F. 2d 1359, 1371 (5th Cir.1979). .Indeed, the plaintiff conceded that, although he had attended Calder many times, he had never seen anyone cleaning in the outdoor seating area on a routine basis. . Gelman v. Miami Elevator Company, 242 So. 2d 156 (Fla. 3d DCA 1970), relied on by the majority, is inapposite. There the plaintiff’s theory was that the elevator company had breached its contractual obligation. Here there is no evidence to support the existence of a breach.…

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• Sachse v. Tampa Music Co., Inc., 262 So. 2d 17 (Fla. 2d DCA 1972)
  …pretrial discovery methods as depositions, request for admissions and interrogatories can be used by the plaintiff to show that there was a maintenance contract between the defendant and another party. Gelman v. Miami Elevator Company, Fla.App.1970, 242 So. 2d 156. We conclude that the complaint stated a cause of action under Florida’s third party beneficiary rules, Gallichio v. Corporate Group Service, Inc., Fla.App.1969, 227 So. 2d 519; Hill v. United States Fidelity and Guaranty Company, U.S.C.A., 5th Cir…
• Black v. Montgomery Elevator Co., 581 So. 2d 624 (Fla. 5th DCA 1991)
  …d DCA 1989); Davis v. Otis Elevator Co., 515 So. 2d 277 (Fla. 5th DCA 1987), rev. denied, 520 So. 2d 585 (Fla.1988); Reliance Electric Co., Haughton Elevator Division v. Humphrey, 427 So. 2d 214 (Fla. 4th DCA 1983); Gelman v. Miami Elevator Company, 242 So. 2d 156 (Fla. 3d DCA 1970). Gel-man seems to be the genesis of this practice in Florida and it relies on a non-elevator case (Gallichio v. Corporate Group Service, Inc., 227 So. 2d 519 (Fla. 3d DCA 1969)) which was based on a third party beneficiary theory.…

Authorities Cited

• Yewell Adams v. Seaboard Coast Line R.R. Co., 224 So. 2d 797 (Fla. 1st DCA 1969)
• Shaw v. Seaboard Coast Line R.R. Co., 229 So. 2d 275 (Fla. 1st DCA 1969)
• Reliance Ins. Co. v. Dade Cnty., 237 So. 2d 540 (Fla. 1970)
• Robinson v. Waldrep Dairy, Inc., 237 So. 2d 540 (Fla. 1970)