COOMER v. CSX TRANSP., INC.

No. 2008-SC-000784-DG.

319 S.W.3d 366 (2010)

Emmett E. COOMER, Appellant, v. CSX TRANSPORTATION, INC., Appellee.

Supreme Court of Kentucky.

August 26, 2010.


Attorney(s) appearing for the Case

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

Edward H. Stopher , Darryl S. Lavery , Boehl, Stopher & Graves, LLP, Louisville, KY, Counsel for Appellee.


Opinion of the Court by Justice SCHRODER.

Appellant Emmett Coomer appeals from a summary judgment in favor of Appellee CSX Transportation, Inc. (CSX) based on the doctrine of res judicata. We conclude that a genuine issue of material fact exists as to when Coomer's second cause of action accrued. Therefore, summary judgment was inappropriate on the issue of claim preclusion. We also conclude that Coomer's claim is not barred by issue preclusion. Therefore,...

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