Corrie Burckhard v. BNSF Railway Company

I concur in the court’s opinion. I write separately because I conclude that whether expert testimony concerning the applicable standard of care was required to support the jury’s negligence finding is a legal question that BNSF need not have renewed in a Rule 50(b) motion. See supra Part.II.A.2. Nonetheless, I find that the district court did not err in refusing to require plaintiffs to offer expert testimony.

Subject matter requiring specialized knowledge and training such as medicine, engineering, and architecture generally requires expert testimony to aid the factfin-der, But, where the…