Head v. CSX Transportation, Inc.

Smith, Judge.

In Head v. CSX Transp., 227 Ga. App. 818 (490 SE2d 497) (1997), John Head appealed the trial court’s reinstatement of the jury’s $8,000 verdict against CSX in his personal injury Federal Employers’ Liability Act (FELA) claim. Id. at 818-819. This reinstatement occurred after the original trial judge granted Head’s motion for new trial on damages only. Id.1 We concluded that the successor trial judge was authorized to make this ruling because comparative negligence was an issue and therefore a new trial was precluded under the rationale of Beringause v. Fogleman Truck Lines, 209…