Csx Transportation, Inc. v. Larry M. Boggs

EBT

2018-SC-000191-DG

CSX TRANSPORTATION, INC APPELLANT

ON APPEAL FROM COURT OF APPEALS V. CASE NO. 2016-CA-001849-MR

JEFFERSON CIRCUIT COURT NO. 09-CI-00800

LARRY M. BOGGS APPELLEE

AND 2018-SC-000440-DG

LARRY M. BOGGS CROSS-APPELLANT

ON CROSS-APPEAL FROM COURT OF APPEALS V. CASE NO. 2016-CA-001849-MR

JEFFERSON CIRCUIT COURT NO. 09-CI-00800

CSX TRANSPORTATION, INC CROSS-APPELLEE

ORDER AFFIRMING

The vote of the six members of this Court participating in the determination of this appeal being equally divided, pursuant to SCR 1.020, the opinion of the Court of Appeals hereby stands affirmed.

Keller, Lambert and Wright, JJ., would affirm the opinion of the Court of Appeals. Minton, C.J.; Hughes and VanMeter, JJ., would reverse the opinion of the Court of Appeals. Nickell, J., not sitting.

ENTERED: August 20, 2020.

CHIEF JUSTICE