Announcement

Collapse
No announcement yet.

Meyers v. National Railroad Passenger Corporation

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

  • Meyers v. National Railroad Passenger Corporation

    Date Decided: Aug 30th, 2010
    Decided By: U.S. Court of Appeals, Seventh Circuit (Federal)
    Court: 7th Cir.
    Citation: 619 F.3d 729 (7th Cir. 2010)

    Background:
    Plaintiff, a railroad worker (a Pipe Fitter), brought this action against his employer, Amtrak, pursuant to the Federal Employer's Liability Act (FELA), 45 U.S.C. 51 et seq. to recover damages allegedly caused by cumulative trauma in his work environment. Plaintiff alleged that his job requirements forced him to work in awkward positions, tight spaces, which in combination with inadequate equipment and repetitive motions, caused him to suffer injuries that manifested into carpel tunnel syndrome and back pain. Plaintiff alleged that his injuries were the result of Amtrak's failure to use ordinary care and caution toward him. Amtrak filed a motion for summary judgment, alleging that Plaintiff failed to disclose his expert witness reports as required under federal rule of civil procedure 26(a)(2). Amtrak opined that this procedural defect was fatal to the Plaintiff's case in chief because Plaintiff otherwise had no evidence to prove that his injuries were caused by the purported negligence. The district court granted summary judgment. Plaintiff brought this appeal, arguing that his experts were exempt from complying with rule 26(a)(2) because his experts were the Plaintiff's original-treating physicians.
    Read More...
Working...
X