Baggerly v. CSX Transportation, Inc.

Justice WALLER:

This is a direct appeal from the trial court’s grant of a directed verdict in favor of respondents. Appellant also raises various evidentiary issues, including whether the trial court erred in excluding one of his expert witnesses, a professional engineer. We affirm in part, reverse in part, and remand for a new trial.

FACTS

At approximately seven a.m. on August 21, 2000, an Amtrak Silver Meteor passenger train derailed in Lake City. Minutes before the derailment, a street sweeper had jumped the curb and collided with the railroad track after defendant Ervin Lucky (“Lucky”) fell…