Jimmy Clements v. CSX Transportation, Inc., No. 12-14587 (11th Cir. 2013)

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Case: 12-14587 Date Filed: 05/29/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-14587 ________________________ D.C. Docket No. 3:09-cv-00122-TCB JIMMY CLEMENTS, Plaintiff - Appellant, versus CSX TRANSPORTATION, INC., Defendant - Appellee. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (May 29, 2013) Before BARKETT and MARCUS, Circuit Judges, and CONWAY, * District Judge. PER CURIAM: * Honorable Anne C. Conway, Chief Judge, United States District Court for the Middle District of Florida, sitting by designation. Case: 12-14587 Date Filed: 05/29/2013 Page: 2 of 2 Jimmy Clements appeals from the denial of his motion for a new trial pursuant to Federal Rule of Civil Procedure 59(a) and alternatively for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(a) following a jury verdict and final judgment for defendant, CSX Transportation, Inc. on Clements negligence action brought under the Federal Employer s Liability Act, 45 U.S.C. § 51, et seq. The jury verdict in this case forecloses each claim raised on appeal by Mr. Clements. Accordingly, the district court judgment is AFFIRMED. 2

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