MARTIN v. CSX TRANSP., INC.

No. 08AP-846.

185 Ohio App.3d 1 (2009)

2009-Ohio-6054

MARTIN, Appellee and Cross-Appellant, v. CSX TRANSPORTATION, INC., Appellant and Cross-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided November 17, 2009.


Attorney(s) appearing for the Case

Sams & Hollon, P.A. and Alva A. Hollon Jr.; The Gallagher Law Firm and Russell Serafin; and Landskroner Grieco Madden, Ltd., and Justin F. Madden, for appellee and cross-appellant.

Porter Wright Morris & Arthur, L.L.P., Craig R. Carlson, R. Leland Evans, and Megan E. Bailey, for appellant and cross-appellee.


SADLER, Judge.

{¶ 1} Appellant and cross-appellee, CSX Transportation, Inc. ("CSX"), filed this appeal seeking reversal of a judgment by the Franklin County Court of Common Pleas in favor of appellee and cross-appellant, Timothy W. Martin. Martin filed a cross-appeal. For the reasons that follow, we affirm in part and reverse in part.

{¶ 2} On October 15, 2002, Martin was 37 years old and was employed by CSX as a signal...

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