FELA: HAMILTON V. CSX TRANSPORTATION, INC. (COA 11/9/2006)

HAMILTON V. CSX TRANSPORTATION, INC.
TORTS:  FELA (improper instructions, standard of causation is not "substantial")

2005-CA-000454
PUBLISHED: REVERSING AND REMANDING (HENRY)
DATE RENDERED: 11/9/2006

CA reverses and remands trial court verdict for CSX in this Federal Employers’ Liability Act (FELA) case.

Appellant sued CSX for injuries allegedly sustained in over 30 years of employment. On appeal, appellant argues improper jury instructions. CA agrees, finding that the instructions required a finding that CSX’s negligence was a "substantial cause" of the claimed injuries, but that FELA requires only that the employer "in whole or in part" caused the injuries. Instructing with a "fundamentally incorrect statement of the law of causation" was prejudicial to appellant’s case. Reversed and remanded.

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