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ROBERTS v. CSX TRANSP., INC.

Record No. 090194.

688 S.E.2d 178 (2010)

Scott A. ROBERTS v. CSX TRANSPORTATION, INC.

Supreme Court of Virginia.

January 15, 2010.

Attorney(s) appearing for the Case

Philip S. Marstiller, Jr., Richmond, (William P. Hanson, Emroch & Kilduff, on briefs), for appellant.

E. Duncan Getchell, Jr. (Erin M. Sine, C. Stephen Setliff, Georgia S. Hamilton, McGuireWoods, Setliff & Holland, on brief), for appellee.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

This appeal arises out of an action brought under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (2006 & Supp. I 2007), in which Scott Allen Roberts alleged that he suffered personal injury while working for CSX Transportation, Inc. (CSX). Following a two-day trial, a jury found that although Roberts sustained $280,000 in damages, he was ninety-five percent at fault for his injuries, and CSX was...

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