Legal Opinion

Gary W. Hardyman v. Norfolk & Western Railway Company Norfolk Southern Railway Company Cincinnati, New Orleans and Texas Pacific Railway Company

Court of Appeals for the Sixth Circuit

Decided March 13, 2001No. 99-4218PublishedCited by 155 opinions

1Opinion of the Court

OPINION

COLE, Circuit Judge.

Plaintiff Appellant Gary Hardyman filed suit against Defendant Appellee Norfolk & Western Railway Company (“Norfolk”) 1 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 Plaintiffs proffered expert testimony, the district court granted summary judgment in favor of Norfolk, holding, “As those experts’ testimony was the only evidence…

2Cases cited26 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  4. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  5. General Electric Co. v. JoinerSupreme Court of the United States · 1997

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3Cited by155 opinions

  1. Federal Trade Commission v. E.M.A. Nationwide, Inc.Court of Appeals for the Sixth Circuit · 2014
  2. Myers v. Illinois Central RailroadCourt of Appeals for the Seventh Circuit · 2010
  3. Tamraz v. Lincoln Electric Co.Court of Appeals for the Sixth Circuit · 2010
  4. Best v. Lowe's Home Centers, Inc.Court of Appeals for the Sixth Circuit · 2009
  5. Parker v. Mobil Oil Corp.New York Court of Appeals · 2006

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