Foggie v. CSX Transportation, Inc.

Finney, Justice:

Appellant-Respondent CSX Transportation, Inc. (CSX) appeals the trial court’s denial of its motion to amend its answer, the jury’s award of actual and punitive damages to Respondent-Appellant Robert Foggie (Foggie); and confirmation of the punitive damage award by the trial court. Foggie appeals from the order of the trial court requiring him to elect recovery under either his cause of action based upon obstruction of way or for violation of the UTPA. We affirm in part, dismiss in part, and reverse in part.

Charleston Southern Railroad, CSX’s predecessor, constructed a portion…