Category: Railroad Expert Witness
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Ophthalmology Expert Witness’ Testimony Not Fully Excluded Because He Understands Color Vision Acuity Testing
Plaintiff Mark Walker (“Walker”) worked as a locomotive engineer for Defendant Union Pacific Railroad Company (“Union Pacific”) from approximately 2005 through 2019. After the Court dismissed Walker’s claim under the Americans with Disabilities Act (“ADA”) alleging failure to accommodate, Walker’s remaining claims allege disparate treatment and disparate impact in violation of the ADA. Walker contends…
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Railroad Expert Witness’ Testimony Concerning the History of Fatigue Management Excluded
Plaintiff Elmer Kellar sued his employer, Defendant Union Pacific Railroad Company (“UPRR”), under the Federal Employer’s Liability Act (“FELA”). He sought damages for injuries he sustained when he drove his car off the road minutes after clocking out on January 17, 2021. Kellar claimed he fell asleep at the wheel. Kellar argued that UPRR was…
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Testimony by Accident Reconstruction Expert Witness Regarding Missouri Statute Violation Limited
A district judge in Missouri partly excluded the testimony of an expert accident reconstructionist retained to opine on the safety of the crossing. The case began with a train-vehicle collision near Mineral Point, Missouri, on August 19, 2019. Anthony Courtois drove a 2007 Freightliner dump truck westward toward North Oak Road’s railroad crossing. As he…
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Railroad Expert Witness Testimony Evaluating Light Cannon as a Field Test Admitted
Railroad companies were obligated to ensure that locomotive conductors met federal standards of visual acuity, including color vision, before they were permitted to conduct trains, in accordance with 49 C.F.R. § 240.121(c). To comply with these regulations, conductors underwent testing approximately every three years to confirm adherence to the specified vision standards. The federal regulations…
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Arizona District Court finds Railroad expert witness testimony inadmissible in wrongful termination suit; dismisses case
Exclusion of railroad expert witness under Daubert in wrongful termination suit. Matthew Thomas, a former BNSF Railway engineer, ignites a legal storm. Alleging retaliatory termination due to whistleblower status, he reports BNSF’s violations to the Federal Railroad Administration. BNSF counters, attributing damages to Thomas in a train derailment. Learn more about why the Plaintiff’s railroad…
