Legal Opinion
Schulenberg v. BNSF Ry. Co.
Court of Appeals for the Tenth Circuit
Decided December 27, 2018No. 18-6003PublishedCited by 64 opinions
1Opinion of the Court
McHUGH, Circuit Judge.
Terry Schulenberg, a train engineer for BNSF Railway Company, was injured when the train he was riding "bottomed out." Mr. Schulenberg filed suit against BNSF, alleging liability for negligence under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51 - 60. BNSF filed motions to exclude Mr. Schulenberg's expert witness and for summary judgment, both of which the district court granted.
*1280Mr. Schulenberg appeals those decisions. We conclude the district court did not abuse its discretion in excluding the expert witness because there was no discernable methodology…
2Cases cited23 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
18 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Butler v. Bd. of Cnty. Com'Rs for San Miguel Cnty.Court of Appeals for the Tenth Circuit · 2019
- Ezell v. BNSF Railway CompanyCourt of Appeals for the Tenth Circuit · 2020
- United States v. DuranCourt of Appeals for the Tenth Circuit · 2019
- Baca v. Department of ArmyCourt of Appeals for the Tenth Circuit · 2020
- Ad Astra Recovery Services, Inc. v. HeathDistrict Court, D. Kansas · 2021
59 more not listed; retrieve them via the Exa API.