Liability Expert Failed To Give Examples In Employee’s Breach Of Duty Suit, Panel Says

(March 7, 2016, 2:13 PM EST) -- TOPEKA, Kan. — A trial judge did not err in excluding a liability expert from testifying as to breach of duty and to causation in an employee’s lawsuit filed under the Federal Employers' Liability Act (FELA), 45 U.S. Code Section 51 et seq. (2012), a Kansas appeals panel affirmed March 4 because the expert failed to provide specific examples of what an employer did wrong or could have done better (Jay E. Smart v. BNSF Railway Co., No. 113,809, Kan. App.; 2016 Kan. App. LEXIS 16)....
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