CSX TRANSP., INC. v. BEGLEY

No. 2008-SC-000643-DG.

313 S.W.3d 52 (2010)

CSX TRANSPORTATION, INC., Appellant, v. John X. BEGLEY, Appellee.

Supreme Court of Kentucky.

May 20, 2010.


Attorney(s) appearing for the Case

James E. Cleveland, III, James Wade Turner, Alexander C. Ward, Huddleston Bolen LLP, Ashland, KY, Counsel for Appellant, CSX Transportation, Inc.

Thomas Ira Eckert, Hazard, KY, John Oaks Hollon, Alva A. Hollon, Jr., Sams & Hollon, P.A., Jacksonville, FL, Counsel for Appellee, John X. Begley.

David T. Klapheke, Boehl, Stopher & Graves, LLP, Louisville, KY, Counsel for Amicus Curiae, Association of American Railroads ("AAR").


OPINION OF THE COURT

This appeal concerns an action filed by John X. Begley under the Federal Employers Liability Act (FELA).1 Begley claimed that he developed osteoarthritis in his knees and hips due to his work for CSX Transportation, Inc. as a brakeman/conductor. The Court of Appeals affirmed a Perry Circuit Court judgment that awarded Begley damages following a favorable jury verdict. We granted CSX's motion for discretionary review...

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