Leighton v. CSX Transportation, Inc.

OPINION

ACREE, Judge:

Jeff Leighton appeals the Jefferson Circuit Court’s denial of his motion for a new trial of his tort claim against his employer, CSX Transportation, Inc., on the ground that the jury was allowed to speculate about collateral source payments for medical expenses. The Jefferson Circuit Court denied the motion because the fund from which those medical expenses were paid was not a collateral source. We agree with the circuit court and affirm.

Leighton filed suit against CSX pursuant to the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. (FELA, or “the Act”), for…