Burton v. CSX Transportation, Inc.

Opinion of the Court by

Chief Justice MINTON.

I. INTRODUCTION.

We granted discretionary review of a Court of Appeals decision affirming a defense verdict for CSX Transportation, Inc., in the trial of David Ray Burton’s Federal Employers Liability Act (FELA) claim. Burton claimed that he suffered permanent brain damage from exposure to toxic fumes emitted by solvents 1 he used while working for CSX. At trial, much of the expert testimony focused upon whether Burton’s current physical difficulties were likely caused by toxic encephalopathy (TE) brought on by exposure to the fumes at CSX or by…