Head v. CSX Transportation, Inc.

Smith, Judge.

This appeal presents the issue of whether a trial judge, who did not preside at trial, was authorized to overturn the predecessor judge’s grant of a new trial on the issue of damages only. Because the parties have never disputed that the issue of comparative negligence was involved in this case, we conclude that the first trial court abused its discretion and that the successor court was authorized to reinstate the jury’s award.

John Head sought damages under the Federal Employers’ Liability Act (FELA), 45 USC § 51 et seq., from CSX Transportation, Inc. for damages he sustained…