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HAMILTON v. CSX TRANSP., INC.

No. 2005-CA-000454-MR.

208 S.W.3d 272 (2006)

James S. HAMILTON, Appellant, v. CSX TRANSPORTATION, INC., Appellee.

Court of Appeals of Kentucky.

November 9, 2006.

Attorney(s) appearing for the Case

James L. Hamilton, Jonah Lee Stevens, Pikeville, KY, for appellant.

James E. Cleveland, III, Ashland, KY, Donald H. Combs, Pikeville, KY, for appellee.

Before HENRY and SCHRODER, Judges; EMBERTON, Senior Judge.

OPINION

HENRY, Judge.

James S. Hamilton appeals from a judgment and jury verdict of the Pike Circuit Court in favor of CSX Transportation, Inc. as to Hamilton's suit under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51 et seq. Upon review, we reverse and remand for a new trial.

Hamilton began his employment with CSX in 1973 working as a brakeman before later becoming an engineer. His complaint maintained that...

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