California Court of Appeal

In plaintiff's Federal Employers Liability Act (FELA) action against defendant-railroad company, trial court's verdict in favor of defendant is reversed as to the portion of a cost award that allowed defendant to recover expert witness fees as costs, as federal law does not authorize an award of expert witness fees to a defendant who has made a rejected offer of settlement and then obtains a defense verdict.

Appellate Information

• Decided 10/09/2009
• Published 10/09/2009

Judges

• NICHOLSON, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Hildebrand, McLeod & Nelson, Inc. and John Furstenthal, Oakland, for Plaintiff and Appellant.


• For Appellees:
  
• Randolph Cregger & Chalfant, Joseph P. Mascovich, Adrian L. Randolph, Sacramento, Michael L. Johnson, and Brian W. Plummer, Roseville, for Defendant and Respondent.