Kentucky Supreme Court Affirms Decision to Admit Evidence of Exposure

FRANKFORT, Ky.- The Kentucky high court has affirmed a $2.54 million judgment for a railroad worker who complained that he suffers from toxic encephalopathy because of workplace exposure to solvent fumes. CSX Transportation Inc. v. Moody, Nos. 2007-SC-000548-DG and 2009-SC-000048-DG (Ky. Sup. Ct.).

In affirming the judgment in a published opinion on May 20, the Supreme Court rejected a challenge by CSX Transportation Inc. to evidence of other employees' exposures.

Troy Moody complained that he was exposed to solvents while employed by CSX as a service attendant, machinist helper and machinist apprentice beginning in 1978. He contended that he used …