United States First Circuit

In plaintiff's action against his employer in violations of the Federal Employer's Liability Act and the Locomotive Inspection Ac, claiming that he developed "tennis elbow" as a result of having to manipulate defective controls in the cabin of his locomotive, judgment in favor of plaintiff is affirmed where: 1) a reasonable jury could have concluded that plaintiff's claim was not time barred, had defendant chosen to contest this showing by asking the jury instruction and arguing the matter to the jury; 2) the district court did not abuse its discretion in admitting a doctor as an expert on the issue of causation; 3) brief statements by a witness as to the contents of a letter was harmless error; and 4) plaintiff's counsel's statements in closing arguments were adequately dealt with by the district judge's instructions and no plain error occurred.

Appellate Information

• Decided 03/11/2010
• Published 03/11/2010

Judges

• TORRUELLA, Circuit Judge., Before LYNCH, Chief Judge, TORRUELLA and BOUDIN, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael B. Flynn, with whom Carolyn M. Blake, Seth C. Turner, and Flynn & Wirkus, P.C., were on brief for appellant.


• For Appellees:
  
• Patrick J. Donoghue, with whom Collins, Collins & Donoghue, P.C., was on brief for appellee.