Smart v. BNSF Railway Co.

Gardner, J.;

This case asks whether the district court erred in granting summary judgment to BNSF Railway Company (BNSF) based on the courts exclusion of various experts whom plaintiff Jay E. Smart anticipated would opine as to breach of duty and to causation in Smarts case brought under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 etseq. (2012). We find no abuse of discretion in the district court’s exclusion of Dr. Tyler Kress, the liability expert, so we find it unnecessary to address any error in the exclusion of the causation opinions of plaintiff’s treating physicians.…