A plaintiff's motion seeking a new trial in a Federal Employer's Liability Act case against CSX Transportation will be heard Feb. 25.
Russell Aper's motion for a new trial had been set for hearing Feb. 4 before Madison County Circuit Judge Dennis Ruth, but it was canceled by agreement of the parties.
Aper sued CSX for allegedly failing to provide him with a safe working environment and failing to give him assistance after a back injury.
That initial back injury was later followed by a separate back injury Aper claims could have been avoided.
CSX counters that Aper knew proper lifting techniques and could have asked for help on the day of his second injury but did not.
After a trial in October 2010, a jury found for CSX.
Aper had sought damages in excess of $500,000 and costs.
Aper then filed for a judgment not withstanding the jury's verdict.
Amy Collignon Gunn represents Aper.
Richard Nash represents CSX.
The case is Madison case number 07-L-562.