Eighth Circuit Upholds Exclusion Of Engineer’s Testimony On Ultimate Causation In Derailment Cases
Posted on Feb 17, 2015 in Investigations, Transportation | Comments Off on Eighth Circuit Upholds Exclusion Of Engineer’s Testimony On Ultimate Causation In Derailment Cases
Following train derailments in 2007 and 2010, a railroad brought suit against a services company alleging that the services company negligently reconditioned certain railcar axles, which caused the axles to fail and the resulting derailments. At trial, the jury found in favor of the services company and the railroad appealed. Before the trial started, the district court had granted...
Claims For Willful And Wanton Conduct Against Railroads Not Precluded By New Jersey Law
Posted on Feb 13, 2015 in Product Liability, Transportation | Comments Off on Claims For Willful And Wanton Conduct Against Railroads Not Precluded By New Jersey Law
Yesterday, the U.S. District Court for the Eastern District of Pennsylvania concluded that the New Jersey Railroad Immunity Act does not preclude claims for willful and wanton conduct. In the case brought by two plaintiffs struck by a moving train, they alleged that the train failed to stop immediately after recognizing that they were on the trucks. The court concluded that this...
Railroad Can Argue Contributory Negligence Where FELA Provision Not Enacted “For Safety Of Employees”
Posted on Feb 5, 2015 in Transportation | Comments Off on Railroad Can Argue Contributory Negligence Where FELA Provision Not Enacted “For Safety Of Employees”
Following a train collision caused at least in part because a train was moving 33 miles per hour in an area where speed was restricted to 20 miles per hour, a railroad terminated the engineer and conductor. The conductor, who had sustained injuries from jumping off the moving train before the collision, brought suit under the Federal Employers’ Liability Act (FELA) for...
Contribution, Indemnification, And Breach Of Contract Claims Under State Law Not Preempted By LIA
Posted on Jan 10, 2015 in Transportation | Comments Off on Contribution, Indemnification, And Breach Of Contract Claims Under State Law Not Preempted By LIA
After a railroad settled four cases brought under the Federal Employers’ Liability Act (FELA) with employees for injuries caused by allegedly defective equipment, the railroad filed an action against the company that manufactured the equipment and the company that had been hired to repair the equipment “in such a way as to prevent future seat failures” for state law...
Plaintiffs’ Product Liability Expert Opinions Scrutinized By Federal Courts
Posted on Jan 9, 2015 in Investigations, Product Liability, Transportation | Comments Off on Plaintiffs’ Product Liability Expert Opinions Scrutinized By Federal Courts
Yesterday, the U.S. District Court for the Eastern District of Tennessee and the U.S. District Court for the District of Nebraska issued opinions addressing challenges to proffered plaintiffs’ expert testimony in product liability cases. In the Nebraska case, which involved injuries sustained from a fall off a ladder, the court excluded the plaintiff’s expert opinion that...
Virginia Federal Court Sorts Through Summary Judgment Rulings In Alleged Defective Engine Case
Posted on Dec 18, 2014 in Product Liability, Transportation | Comments Off on Virginia Federal Court Sorts Through Summary Judgment Rulings In Alleged Defective Engine Case
The block heater in a fire truck’s engine allegedly failed while the truck was parked in a Virginia fire house, and electricity running through the block heater arced, shorted, and started a fire that caused significant damages to the fire house. The fire department brought suit against multiple defendants, including Company A, the manufacturer of the cab and chassis, which...
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