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SMART v. BNSF RY. CO.

No. 113,809.

369 P.3d 966 (2016)

52 Kan. App. 2d 486

Jay E. SMART, Appellee, v. BNSF RAILWAY COMPANY, Appellee.

Court of Appeals of Kansas.

March 4, 2016.

Attorney(s) appearing for the Case

Andrew H. McCue , of Accurso Law Firm, of Kansas City, Missouri, and Drew C. Baebler , of Bauer & Baebler, P.C., of St. Louis, Missouri, for appellant.

Craig M. Leff and Spencer L. Throssell , of Overland Park, for appellee.

Before GARDNER, P.J., HILL and POWELL, JJ.

This case asks whether the district court erred in granting summary judgment to BNSF Railway Company (BNSF) based on the court's exclusion of various experts whom plaintiff Jay E. Smart anticipated would opine as to breach of duty and to causation in Smart's case brought under the Federal Employers' Liability Act (FELA), 45 U.S.C. &...

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