Smart v. BNSF Railway Co.

CORRECTED OPINION No. 113,809 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JAY E. SMART, Appellant, v. BNSF RAILWAY COMPANY, Appellee. SYLLABUS BY THE COURT 1. To recover under the Federal Employers' Liability Act (FELA),

45 U.S.C. § 51

et seq. (2012), a plaintiff has the burden to prove the traditional common law elements of negligence. These include duty, breach of a duty, foreseeability of injury, and causation. 2. In FELA cases, causation is established if it is shown that the railroad's negligence played any part in bringing about the injury. 3. In FELA cases, the admission of expert…