2nd DCA Publishes Decision on Admissibility of Expert Testimony in FELA Case

A California appellate court has ordered the publication of its decision from last month finding that a trial judge prejudicially erred in excluding the testimony of a railway worker’s expert witness from the jury. The decision in Richard v. Union Pacific Railroad Co. had originally been released by the Court of Appeal for the 2nd District of California on Sept. 30 as an unpublished opinion. Only published opinions are binding precedent in California. Richard’s attorneys on Monday requested that the court order the decision published, and the court granted publication Thursday. ...