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NORFOLK SOUTHERN RY. CO. v. BAILEY

No. 03-02-00097-CV.

92 S.W.3d 577 (2002)

NORFOLK SOUTHERN RAILWAY COMPANY, Appellant, v. James Allen BAILEY, Appellee.

Court of Appeals of Texas, Austin.

October 24, 2002.

Attorney(s) appearing for the Case

Leo D. Figueroa, Jackson Walker, LLP, San Antonio, for appellant.

Carla M. Burke, Brent M. Rosenthal, Baron & Budd, PC, Dallas, for appellee.

Before Chief Justice ABOUSSIE, Justices PATTERSON and PURYEAR.

JAN P. PATTERSON, Justice.

In this personal injury action by appellee James Allen Bailey against appellant Norfolk Southern Railway Company, we address whether certain evidentiary rulings by the district court led to the rendition of an improper judgment. In two issues, Norfolk Southern contends that the district court erred in denying its motion to strike part of the testimony of an expert witness and in failing to exclude evidence of Bailey's fear of contracting...

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