Moore v. Missouri Pacific Railroad

ROBERTSON, Chief Justice.

We granted transfer in this case to consider two questions of general interest: First, whether evidence of collateral source payments is admissible in a Federal Employers’ Liability Act (FELA) case where such evidence is volunteered by the plaintiff in a nonresponsive answer on cross-examination; and second, whether testimony regarding a routine diagnostic examination of plaintiff requested by the defendant’s medical expert and administered by a physical therapist is within the scope of Rule 60.01.

The trial court answered both of these questions in the affirmative.…