CSX TRANSPORTATION INC v. BOGGS (2020)

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.

/s/ John D. Minton, Jr.

 CHIEF JUSTICE

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.