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BROWN v. CSX TRANSP., INC.

No. 93-1446.

18 F.3d 245 (1994)

Darrell E. BROWN, Plaintiff-Appellee, v. CSX TRANSPORTATION, INCORPORATED, a corporation, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 1, 1994.

Attorney(s) appearing for the Case

ARGUED: Luke Andrew Lafferre, HUDDLESTON, BOLEN, BEATTY, PORTER & COPEN, Huntington, West Virginia, for Appellant. Lawrence A. Thomas, HUNEGS, STONE, KOENIG & DOLAN, P.A., Minneapolis, Minnesota, for Appellee. ON BRIEF: Fred Adkins, HUDDLESTON, BOLEN, BEATTY, PORTER & COPEN, Huntington, West Virginia, for Appellant. Richard G. Hunegs, HUNEGS, STONE, KOENIG & DOLAN, P.A., Minneapolis, Minnesota; Lawrence J. Lewis, Huntington, West Virginia, for Appellee.

Before NIEMEYER, Circuit Judge, CHAPMAN, Senior Circuit Judge, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

CHAPMAN, Senior Circuit Judge:

Darrell E. Brown brought this suit under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51, against his employer, CSX Transportation, Inc. ("CSX"), for injuries he sustained as a result of a loud, shrill noise that he was exposed to while in the scope of his employment. At trial, CSX's motions for judgment as a matter of law were denied. After the jury found for Brown and awarded him $53,000, CSX again...

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