CSX TRANSP., INC. v. SMITH

No. 11-0694.

729 S.E.2d 151 (2012)

CSX TRANSPORTATION, INC., a Virginia Corporation, Defendant Below, Petitioner v. Angela SMITH, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 7, 2012.


Attorney(s) appearing for the Case

Marc E. Williams , Melissa Foster Bird, Jeremy C. Hodges , Nelson Mullins Riley & Scarborough, LLP, Huntington, WV, for Petitioner.

Mark A. Atkinson , Paul L. Frampton, Jr. , Atkinson & Polak, PLLC, Charleston, WV, Harry M. Hatfield , Hatfield & Hatfield, Madison, WV, for Respondent.


PER CURIAM:

The petitioner herein and defendant below, CSX Transportation, Inc. (hereinafter "CSX"), appeals from an order entered November 19, 2011, by the Circuit Court of Boone County. By that order, the court denied CSX's motion for post-trial relief ruling that the respondent herein and plaintiff below, Angela Smith (hereinafter "Ms. Smith"), had presented sufficient evidence to prove her hostile work environment claim; the jury had been instructed correctly...

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