Jenkins v. CSX Transportation, Inc.

This case is before this Court upon appeal of a final order of the Circuit Court of Ohio County entered on February 17, 2006. In that order, the court denied the motion of the appellant and plaintiff below, Gary Jenkins, for a new trial in this action filed pursuant to *724the Federal Employers’ Liability Act (hereinafter “FELA”), 45 U.S.C. § 51, et seq., against the appellee and defendant below, CSX Transportation, Inc.1 Mr. Jenkins alleged that he suffered a brain injury as a result of exposure to solvents while he was employed by CSX. Mr. Jenkins sought a new trial after the court granted…