Railroads Urge Rejection Of Case Involving FELA Discovery Rule

Mealey's (December 20, 2022, 9:39 AM EST) -- COLUMBUS, Ohio — A man attempts to impose the standard for admitting expert testimony into the analysis of when a claimant knew or should have known of the potential for a Federal Employers’ Liability Act (FELA) case, railroads tell the Ohio Supreme Court in urging it to reject jurisdiction over the case. In a closely related case involving allegations of exposure to asbestos, an Ohio appeals court recently reversed a summary judgment ruling in favor of railroads, finding that the plaintiff’s questions to his doctor constituted a sufficiently diligent inquiry....