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CSX TRANSP., INC. v. RYAN

No. 2005-SC-0275-MR.

192 S.W.3d 345 (2006)

CSX TRANSPORTATION, INC., Appellant v. Stephen P. RYAN, Judge, Jefferson Circuit Court, Appellee and Scott Kolter, Real Party in Interest.

Supreme Court of Kentucky.

May 18, 2006.

Attorney(s) appearing for the Case

Edward H. Stopher, David T. Klapheke, Julie G. McKeel, Boehl, Stopher & Graves, LLP, Louisville, Counsel for Appellant.

Stephen P. Ryan, Judge, Jefferson Circuit Court, Louisville, Counsel for Appellee.

Kenneth L. Sales, Paul J. Kelley, Joseph D. Satterley, Sales, Tillman & Wallbaum, Catlett & Satterley, Louisville, Counsel for Real Party in Interest, Scott Kolter.

JOHNSTONE, Justice.

In 2003, Scott Kolter filed an action in the Jefferson Circuit Court against Appellant, CSX Transportation, Inc., seeking damages under the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60. Kolter claimed that he sustained permanent, irreversible brain damage causing cognitive impairment and mood disorder as a result of his exposure to cleaning solvents while he was employed at CSX. Prior to filing the lawsuit, Kotter was examined...

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