Hamilton v. CSX Transportation, Inc.

OPINION

HENRY, Judge.

James S. Hamilton appeals from a judgment and jury verdict of the Pike Circuit Court in favor of CSX Transportation, Inc. as to Hamilton’s suit under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51 et seq. Upon review, we reverse and remand for a new trial.

Hamilton began his employment with CSX in 1973 working as a brakeman before later becoming an engineer. His complaint maintained that as a result of the nature of his more than 30 years of employment with CSX at a mine loadout facility, he suffered a number of physical injuries due to repeated exposure to…