· 3/13/2001
Gary W. Hardyman v. Norfolk & Western Railway Company Norfolk Southern Railway Company Cincinnati, New Orleans and Texas Pacific Railway Company
Citations
- 243 F.3d 255
- 55 Fed. R. Serv. 1221
- 2001 U.S. App. LEXIS 3800
- 2001 WL 241819
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that district court erred in excluding ergonomics expert testimony on the basis that there was “no scientific study conducted specifically on railroad brakemen”
- holding that district court erred in excluding expert testimony on the ground “there has been no scientific study conducted specifically on railroad brakemen”
- holding that the expert medical testimony regarding the plaintiff‘s carpal tunnel syndrome, ―even without expert 14 causation testimony, certainly would be adequate to provide a jury with the ‗special expertise . . . necessary to draw a causal inference‘‖
- explaining that the court will find “an abuse only if [it is] firmly convinced that the district court erred”
- finding abuse of discretion when district court demanded a method of evaluation that was scientifically impossible
- recognizing differential diagnosis as “an acceptable method of determining causation”
Source: CourtListener parenthetical corpus (CC0).
Judges: Batchelder, Cole, Gibson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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