10th Circuit: Train Engineer’s Expert Testimony Properly Axed In Injury Case

Mealey's (December 31, 2018, 1:17 PM EST) -- DENVER — A train engineer cannot maintain a personal injury action against his railway employer because his expert lacks a reliable methodology for his opinions, and the claims cannot stand without expert causation testimony, the 10th Circuit U.S. Court of Appeals held Dec. 27 in affirming a grant of summary judgment to the railway (Terry Schulenberg v. BNSF Railway Company, No. 18-6003, 10th Cir., 2018 U.S. App. LEXIS 36546)....