In the case of Richard v. Union Pacific Railroad Co., No. B322044 (Cal. Ct. App. Sept. 30, 2024), the California Court of Appeal addressed the admissibility of expert testimony in a negligence lawsuit filed under the Federal Employers’ Liability Act (FELA). The court’s decision hinged significantly on the proposed testimony of a Railroad Expert Witness.
Case Background
Terrence Richard, employed as a brakeman by Union Pacific Railroad Company, suffered a fall resulting in a broken leg while performing his duties. He alleged that the locomotive engineer’s improper handling of the train caused a sudden surge, leading to his fall. Specifically, Richard contended that the engineer’s delay between releasing the train brakes and engaging the throttle induced excessive “slack action,” creating a hazardous surge at the train’s rear where he was stationed. Slack action refers to the movement within the coupling spaces between railcars, which can cause jolts or surges, especially in longer trains.