Opinion
Case No. 3D00-3492
Opinion filed July 5, 2001.
An appeal from the Circuit Court for Dade County, Eleanor Schockett, Judge. Lower Tribunal No. 94-04815.
Bernard Butts; Kutner, Rubinoff, Bush Lerner and Susan Lerner, for appellant.
Pemela S. Leslie and Gregory G. Costas (Tallahassee), for appellees.
Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ.
Affirmed. Martin v. Rivers, 72 So.2d 789, 791-92 (Fla. 1954) (The operator of the train "had the right, from the facts in the record here, to believe that the deceased was in possession of his faculties and his normal senses, and that with all of the signals of danger, the extent of which were almost overwhelming, he would not walk directly into the path of a moving train.").