FOX v. CSX TRANSP., INC.

1920718.

630 So.2d 432 (1993)

Leo FOX v. CSX TRANSPORTATION, INC.

Supreme Court of Alabama.

December 10, 1993.


Attorney(s) appearing for the Case

Robert E. Cooper and Rhonda Pitts Chambers of Rives & Peterson, Birmingham, for appellant.

Jerry A. McDowell, Forrest C. Wilson III and Karen Pailette Turner of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellee.


SHORES, Justice.

The plaintiff, Leo Fox, a railroad payroll clerk, filed a complaint against his employer, CSX Transportation, Inc. ("CSX"), under the Federal Employers' Liability Act, 45 U.S.C. § 51 ("FELA"). After a deadlocked jury led to a mistrial, the trial judge granted CSX's "motion for judgment in the absence of a verdict." Fox appeals. We reverse and remand.

Fox's evidence suggested the following facts: In 1987, CSX consolidated its payroll systems...

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