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Court Revives Wrongful Death Suit, Says Judge Erred in Barring Expert Witness Opinions

Monday, January 8, 2024 | 0

A California appellate court revived a son’s wrongful death lawsuit against the railway for which his father had worked for more than 40 years, finding the trial judge erred in excluding the testimony of the son’s expert witnesses. Melvin Garner worked for BNSF Railway Co. from approximately 1957 to 1999. In October 2014, Garner was diagnosed with non-Hodgkin’s lymphoma, a type of blood cancer. He died shortly thereafter.  In October 2017, Garner’s son filed a survival and wrongful death action against BNSF, alleging violation of the Federal Employers&rsquo...

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