Zapp v. CSX Transportation, Inc.

OPINION

TAYLOR, Judge.

Larry Zapp brings this appeal from a June 18, 2008, Order of the Jefferson Circuit Court which granted a motion for directed verdict by CSX Transportation, Inc. (CSX) and dismissed Zapp’s claim under the Federal Employers’ Liability Act as barred by the statute of limitations. 1 We reverse and remand.

Zapp is a gentleman in his early seventies who had worked for various railroads for over thirty years. He retired from a position with CSX in December 2000. More than two years later, in 2003, Zapp was diagnosed with bilateral carpal tunnel syndrome.

On December 18, 2003, Zapp…