Wilhelm v. CSX Transportation, Inc., 2005

and developed asthma, which was aggravated by exposure to secondhand smoke on the job.  He alleged that the company did not enforce the no-smoking policy it had adopted and, thus, violated the Federal Employers’ Liability Act (FELA).  A jury returned a general verdict for the defendant.  Wilhelm moved for a new trial, arguing that the verdict was against the weight of the evidence and that the court had erroneously admitted or excluded certain evidence over his objection.  The U.S. District Court overruled the plaintiff’s motion, ruling that “the jury’s verdict had sufficient support in the record” and that much of the jury’s determination was based on its judgment as to the credibility of witnesses.

U.S. Dist. LEXIS 2192 (U.S.D.C. N.D. Ohio 2005).