Carson v. CSX Transportation
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In this wrongful death and survival action involving a train collision, Appellant Connie Carson as personal representative of the estate of Beryl Harvey, argued on appeal that the circuit court erroneously excluded certain evidence, charged the jury, and permitted an inconsistent verdict in the survival action. Upon review of the circuit court's ruling, the Supreme Court affirmed the court's evidentiary determinations and jury charge, but reversed the circuit court's decision denying Appellant's request for a new trial nisi additur and remanded the survival action for a new trial.
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