Martin v. BNSF Railway Co.

¶36 I disagree with the Court’s resolution of Issues Two and Three. I agree with the Court’s resolution of Issue One, but nevertheless find parts of the Court’s analysis troubling. Preliminarily, however, proper resolution of Issues Two and Three turns on adherence to the standard of review. A district court’s evidentiary rulings are reviewed for an abuse of discretion. An abuse of discretion is not whether this Court would have reached the same decision, but whether the district court “acted arbitrarily, without employment of conscientious judgment, or exceeded the bounds of reason resulting…