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J.T. BAGGERLY v. CSX TRANSP., INC.

No. 26208.

370 S.C. 362 (2006)

635 S.E.2d 97

J.T. BAGGERLY, Appellant, v. CSX TRANSPORTATION, INC., National Railroad Passenger Corporation, d/b/a Amtrak, Southern Companies of South Carolina, Inc., and Ervin Lavern Lucky, Defendants, Of Whom CSX Transportation, Inc. and National Railroad Passenger Corporation, d/b/a Amtrak are Respondents.

Supreme Court of South Carolina.

Decided August 28, 2006.

Rehearing Denied September 20, 2006.

Attorney(s) appearing for the Case

John K. Koon, of Koon & Cook, P.A., of Columbia, and John S. Nichols, of Bluestein & Nichols, LLC, of Columbia, for Appellant.

Charles Craig Young, of Young, Miller & Braddock, L.L.C., of Florence, James M Saleeby, Jr., of Aiken, Bridges, Nunn, Elliott & Tyler, P.A., of Florence, John C. Millberg, of Millberg Gordon & Stewart, P.L.L.C., of Raleigh, for Respondents.

Justice WALLER:

This is a direct appeal from the trial court's grant of a directed verdict in favor of respondents. Appellant also raises various evidentiary issues, including whether the trial court erred in excluding one of his expert witnesses, a professional engineer. We affirm in part, reverse in part, and remand for a new trial.

FACTS

At approximately seven a.m. on August 21, 2000, an Amtrak Silver...

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