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ZAPP v. CSX TRANSP., INC.

No. 2008-CA-001362-MR.

300 S.W.3d 219 (2009)

Larry ZAPP, Appellant, v. CSX TRANSPORTATION, INC., Appellee.

Court of Appeals of Kentucky.

September 25, 2009.

Attorney(s) appearing for the Case

Derek Humfleet, Lexington, KY, for appellant.

Linsey W. West, Kara M. Stewart, Lexington, KY, for appellee.

Before SARA WALTER COMBS, Chief Judge; NICKELL and TAYLOR, Judges.

OPINION

TAYLOR, Judge.

Larry Zapp brings this appeal from a June 18, 2008, Order of the Jefferson Circuit Court which granted a motion for directed verdict by CSX Transportation, Inc. (CSX) and dismissed Zapp's claim under the Federal Employers' Liability Act as barred by the statute of limitations.1 We reverse and remand.

Zapp is a gentleman in his early seventies who had worked for various railroads for over...

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