Wednesday, March 8, 2000
Florida Power Corp. v. William
Webster
No. 95,122
Place of Origin
Citrus County
Facts
At about 5:15 a.m. on October 11, 1995, a vehicle
driven by Webster collided with a train fully occupying
a grade crossing owned by Florida Power. Weather
conditions were drizzly at the time. Webster sued
alleging that Florida Power negligently maintained
warning signals. The trial court dismissed the suit
under the "Standing Train Doctrine," which generally
prohibits suits by persons who drive a vehicle into a
train already fully occupying a crossing. The Fifth
District Court reversed.