(Download) "Hardyman V. Norfolk & Western Railway Co." by Sixth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Hardyman V. Norfolk & Western Railway Co.
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 13, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Plaintiff-Appellant Gary Hardyman filed suit against Defendant-Appellee Norfolk & Western Railway Company ("Norfolk")*fn2 pursuant to the Federal Employers Liability Act ("FELA"), alleging that as a result of Norfolk's negligence, he developed Carpal Tunnel Syndrome ("CTS") during the course of his employment as a conductor and brakeman for Norfolk. After granting Norfolk's motion in limine to exclude all Plaintiff's proffered expert testimony, the district court granted summary judgment in favor of Norfolk, holding, "As those experts' testimony was the only evidence of causation proffered by plaintiff, the court's ruling on defendant's motion in limine necessitates a finding that plaintiff has failed to show that a genuine issue of fact exists as to whether defendant's alleged negligence was, in whole or in part, the cause of his injury." Plaintiff appeals the district court's decision, asserting: (1) the district court abused its discretion in excluding his proffered expert testimony as it was sufficiently reliable under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); and (2) even without such testimony, the district court erred in granting Norfolk's motion for summary judgment because Plaintiff was not required to present expert testimony on the specific issue of causation in order to establish a causal inference, and such testimony was not in fact the only evidence of causation. For the reasons that follow, we REVERSE the district court's decision and REMAND the case for further proceedings consistent with this opinion.