BOSTON (AP) — A Massachusetts appeals court has set aside a $1.2 million jury award and ordered a new trial in a lawsuit stemming from a 2009 subway trolley crash in Boston.

Colleen Fyffe, of Scituate, sued the Massachusetts Bay Transportation Authority, saying she was unable to return to her job as a result of the neck injury she suffered in the accident in the Government Center subway tunnel.

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The trolley operator, Aiden Quinn, admitted he was texting his girlfriend just before the crash that sent nearly 50 people to hospitals.

The MBTA appealed after the jury awarded Fyffe $1.2 million after a 2012 trial.

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A three-judge appeals court panel, in a 2-1 decision Monday, cited “transgressions” by the plaintiff’s attorney, among them improperly arguing facts that were not in evidence.

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