District Court of Appeal of Florida March 20, 1996, No. 94-2766 (Perez v. Florida East Coast Railway Co.)

PER CURIAM.

Jose Perez, a railroad worker, appeals from the trial court’s order denying his motion for directed verdict on his own comparative fault.

The jury was improperly charged to consider plaintiffs comparative fault on evidence that supported no more than assumption of the risk — a defense specifically barred under the Federal Employers’ Liability Act (FELA). 45 U.S.C.