(DOWNLOAD) "Fielden v. Csx Transportation" by Tenth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free

January 07, 2021

eBook details

Title: Fielden v. Csx Transportation
Author : Tenth Circuit U.S. Court of Appeals
Release Date : January 06, 2007
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

This appeal concerns the scope of the expert report requirement of Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure. In particular, the issue is whether a plaintiff pursuing a claim under the Federal Employers Liability Act (FELA), 45 U.S.C. 51 et seq., must file an expert report before the plaintiffs treating physician can testify as to the cause of the plaintiffs carpal tunnel syndrome. In this case, Jesse Fielden did not file a timely expert report from his treating physician about the cause of Fieldens carpal tunnel syndrome. The district court held that Rule 26(a)(2)(B) required the filing of the expert report and refused to consider the treating physicians testimony that Fieldens use of a "plate jack" while working at CSX Transportation caused Fieldens carpal tunnel syndrome. Without the treating physicians testimony, there was no expert evidence that CSX Transportation caused Fieldens injury, and the district court therefore granted summary judgment for the defendant. Because Rule 26(a)(2)(B) did not require the filing of an expert report in this case, we reverse the district courts grant of summary judgment.