Head v. CSX Transportation, Inc.

Once more I find myself unable to embrace the majority position in this appeal from the trial court’s reinstatement of a jury verdict. The underlying theme in my prior dissent (Head v. CSX Transp., 227 *474Ga. App. 818, 821 (490 SE2d 497)) now becomes the central issue upon which I rely. Simply put, I must urge that an appropriate deference to the decision of the trial court in granting plaintiff’s motion for new trial cannot be reasonably avoided.

In order to determine whether the trial court was authorized to conclude that the jury verdict was inadequate under the federally mandated standard…