Christine R. Hardy, an Associate in the Transportation Group, was successful in obtaining an order granting the defendants’ motion in limine to preclude the plaintiff’s causation testimony and a motion for summary judgment in favor of two major railroad clients in the Court of Common Pleas in Philadelphia, Pennsylvania.
The plaintiff, a 58-year-old former railroad worker, sued the defendants under the Federal Employers’ Liability Act (FELA), demanding over $350,000 in damages for injuries to his wrists, elbows, shoulders, neck, back and knees. After substantial trial preparations and with jury selection scheduled to occur in less than a week, the court reviewed defendants’ motions in limine, and on February 13, 2012, granted defendants’ motion to exclude the testimony of the plaintiff’s medical expert who intended to offer testimony that the plaintiff’s work with the railroad had caused or contributed to his injuries. On February 14, 2012, the court reconsidered the defendants’ motion for a summary judgment and entered judgment in the matter in favor of the defendants.