Miller v. Union Pacific R.R. Co., C052300
In an action under the Federal Employers- Liability Act (FELA) for injuries sustained while working for defendant, grant of a motion to strike a request for expert witness fees is affirmed as the availability of expert witness fees in a FELA action filed in state court is controlled by federal law, and federal law does not authorize an award of expert witness fees to a prevailing plaintiff in such action.
- Decided 02/01/2007
- Published 02/01/2007
- California Court of Appeal
- For Appellant:
- Larry Lockshin, Sacramento, Diana Esquivel, and Charlotte E. Costan for Plaintiff and Appellant.
- For Appellees:
- Reed Smith and Joseph P. Mascovich; Michael L. Whitcomb, Montery Park, and William H. Pohle, Roseville, for Defendant and Respondent.