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BURTON v. CSX TRANSP., INC.

No. 2006-SC-000695-DG.

269 S.W.3d 1 (2008)

David Ray BURTON, Appellant, v. CSX TRANSPORTATION, INC., Appellee.

Supreme Court of Kentucky.

As Corrected December 17, 2008.

Attorney(s) appearing for the Case

Kenneth L. Sales, Joseph Donald Satterley, Corey Ann Finn, Paul Jason Kelley, Sales, Tillman, Wallbaum, Catlett & Satterley, Louisville, KY, Counsel for Appellant.

Edward H. Stopher, David T. Klapheke, Raymond G. Smith, Scott Allen Davidson, Boel, Stopher & Graves, LLP, Louisville, KY, Counsel for Appellee.

Opinion of the Court by Chief Justice MINTON.

I. INTRODUCTION.

We granted discretionary review of a Court of Appeals decision affirming a defense verdict for CSX Transportation, Inc., in the trial of David Ray Burton's Federal Employers Liability Act (FELA) claim. Burton claimed that he suffered permanent brain damage from exposure to toxic fumes emitted by solvents1 he used while working for CSX. At trial, much of the...

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