Legal Opinion
Kinsey v. Union Pacific Railroad Co.
California Court of Appeal
Decided October 9, 2009No. C056561PublishedCited by 5 opinions
1Opinion of the Court
Opinion
NICHOLSON, Acting P. J.
Following trial of this action brought pursuant to the federal Employers’ Liability Act (FELA), the jury returned a verdict against plaintiff Mario Kinsey and in favor of his employer, defendant Union Pacific Railroad Company.
Prior to trial, plaintiff had rejected defendant’s offer to compromise pursuant to Code of Civil Procedure section 998. After judgment was ultimately entered in defendant’s favor, the court awarded defendant its costs, including expert witness fees of more than $142,000.
Plaintiff appeals from the postjudgment order awarding expert witness…
2Cases cited12 opinions
- Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
- Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
- Monessen Southwestern Railway Co. v. MorganSupreme Court of the United States · 1988
- Lund v. San Joaquin Valley RailroadCalifornia Supreme Court · 2003
- Resolution Trust Corp. v. WinslowCalifornia Court of Appeal · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Quiles v. Parent, California Court of Appeal, 5th District2018
- Fair v. BNSF Railway Co.California Court of Appeal · 2015
- Collins v. Union Pacific RailroadCalifornia Court of Appeal · 2012
- Fair v. BNSF RailwayCalifornia Court of Appeal · 2015
- Quiles v. ParentCalifornia Court of Appeal · 2018