Rivenburgh v. CSX Transportation

SUMMARY ORDER

Defendant-Appellant CSX Transportation (the “Railroad”) appeals from the district court’s judgment, upholding a jury verdict finding the Railroad liable under the Federal Employee’s Liability Act (“FELA”), 45 U.S.C. § 51 et seq, and awarding $553,150 in damages to plaintiffappellee Richard Rivenburgh for past and future pain and suffering resulting from a hearing loss he sustained on the job when an acetylene torch he was using created an explosive noise. On appeal, the Railroad challenges the district court’s denial of its pre-trial motion under Fed.R.Civ.P. 56, and post-trial…