Announcement

Collapse
No announcement yet.

Brooks v. Union Pacific Railroad Co.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Brooks v. Union Pacific Railroad Co.

    Date Decided: Sep 3rd, 2010
    Decided By: Arkansas Eastern District Court (Federal)
    Court: 8th Cir.
    Citation: 620 F.3d 896 (8 Cir. 2010)

    Background:
    Plaintiff, arailroad worker, brought this action against his employer, Union PacificRailroad ("Union Pacific"), pursuant to the Federal Employer's Liability Act(FELA), 45 U.S.C. 51 et seq. torecover damages allegedly caused when he suffered an acute, traumatic lowerback injury while working underneath a locomotive at an area of the UnionPacific yard. Plaintiff allegedlysuffered a ruptured disc in his back. Union Pacific filed a motion for summary judgment, alleging that theplaintiff was unable to prove causation because he failed to comply with therequirements of Rule 26(a)(2), requiring the disclosure of expertwitnesses. Plaintiff argued thatthe doctor who was testifying on his behalf was properly listed as awitness. The district court approvedsummary judgment, holding that FELA required the use of expert witnesses toprove causation of an injury, which was non-obvious.


    Read More...
Working...
X