Ruth denies new trial in FELA case against CSX

By Amelia Flood | Apr 4, 2011


Madison County Circuit Judge Dennis Ruth has denied a plaintiff who lost a Federal Employers Liability Act suit against CSX Transportation a new trial.

Plaintiff Russell Aper had moved for the new trial following CSX's victory last year.

Ruth entered the order denying a new trial March 25 after several hearings on the matter had been pushed off earlier this year.

Aper claims that following a back injury, he was not given help and eventually suffered another injury to it in October 2006.

He claims his supervisors were aware of his prior injury and did not make any accommodations to prevent a future one.

CSX denies the claims.

It argued in the October 2010 trial that Aper was aware of proper lifting techniques and that his own negligence caused the second injury.

The company also contended that Aper could have asked for help at any time.

Aper sought damages in excess of $500,000 for his injuries.

After less than three hours of deliberations, the jury found for CSX.

Amy Collignon Gunn represents Aper.

Richard Nash represents the railroad.

The case is Madison case number 07-L-562.

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