CSX Transportation, Inc. v. Ryan

JOHNSTONE, Justice.

In 2003, Scott Kolter filed an action in the Jefferson Circuit Court against Appellant, CSX Transportation, Inc., seeking damages under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60. Kolter claimed that he sustained permanent, irreversible brain damage causing cognitive impairment and mood disorder as a result of his exposure to cleaning solvents while he was employed at CSX. Prior to filing the lawsuit, Kotter was examined by Dr. Martine RoBards, an expert retained by Kolter’s counsel, on four occasions between February and May 2001. Dr. RoBards administered a…