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