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SMITH v. CSX TRANSP., INC.

No. A10A1289.

703 S.E.2d 671 (2010)

SMITH v. CSX TRANSPORTATION, INC.

Court of Appeals of Georgia.

Reconsideration denied November 23, 2010.

Attorney(s) appearing for the Case

Michael J. Warshauer , Douglas C. Dumont , Atlanta, for appellant.

Casey Gilson , James E. Gilson , Karen R. Dunbar , Atlanta, for appellee.

ELLINGTON, Judge.

After Larry Smith slipped and fell on stairs on property owned by CSX Transportation, Inc., he brought this action against CSX in the Superior Court of Gwinnett County under the Federal Employers' Liability Act ("FELA").1 A jury returned a verdict in favor of CSX. Following the denial of his motion for a new trial, Smith appeals, contending the trial court erred in admitting evidence that, at the time he fell, he was...

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