Weber v. BNSF Railway Co.

¶1 Plaintiff Heather L. Weber (‘Weber”) appeals from the Thirteenth Judicial District Court’s judgment for defendant BNSF Railway Company (‘BNSF”) after a jury found no negligence by the railroad in Weber’s Federal Employers’ Liability Act (‘FELA”) claim. 49 U.S.C. § 51-60. Weber argues the District Court erred in dismissing her claim under the Locomotive Inspection Act (‘LIA”), 49 U.S.C. §§ 20701-20703, and in granting BNSF’s motion to exclude portions of expert testimony pertaining to the results of a positron emission tomography (‘PET”) scan performed on Weber. We reverse the District…