A federal judge has declined to reconsider his ruling denying CSX's request to dismiss a punitive damages claim filed by a man hit by a train.

U.S. District Judge Kim R. Gibson of the Western District of Pennsylvania said in his opinion that CSX's contention that changes in the law merit reconsideration was incorrect.

“While it is a close call, a reasonable juror could conclude that punitive damages are warranted in this case,” Gibson said.