Feden v. Consolidated Rail Corp.

JOHNSON, J.:

¶ 1 Thomas Feden (Husband) and Patricia A. Feden, his wife, appeal the trial court’s order entering summary judgment and dismissing Husband’s claim under the Federal Employers Liability Act (FELA), 45 U.S.C. §§ 51-60. The Fedens contend that the court erred in concluding that the report of their expert witness was inadmissible to establish causation of Husband’s injuries. Initially, the witness’s report failed to ascribe general acceptance in the scientific community to the cause of Husband’s injuries the witness had diagnosed. Consequently, the court ordered that the case should…