|Chris Nosher and Andy Uria Obtain Summary Judgment in United States District Court|
Kiernan Trebach attorneys Chris Nosher and Andy Uria obtained summary judgment for a railroad client in the United States District Court for the District of Maryland. Plaintiff claimed that she was injured when the train upon which she was riding moved unexpectedly at the platform as she was attempting to disembark, causing her to fall down the stairs to the first level of the car. She alleged injury to her shoulder, neck and arm, for which she underwent surgery. Defendant moved for summary judgment based upon Plaintiff’s failure to designate an expert witness to opine on the handling of the train by the engineer. Defendant argued that the operation of a locomotive is “beyond the ken” of ordinary jurors and, consequently, required expert testimony to establish a violation of the standard of care. In granting the motion for summary judgment, the Court agreed that Plaintiff’s failure to designate an expert to opine on train handling was fatal to her claim.