United States Sixth Circuit

In a suit brought under the Federal Employers Liability Act (FELA), summary judgment for defendant-employer is reversed as Federal Rule of Civil Procedure 26(a)(2)(B) did not require an expert report from a treating physician where the proposed testimony was that a patient's extensive use of a "plate jack" at work caused his carpal tunnel syndrome.

Appellate Information

• Decided 04/06/2007
• Published 04/06/2007

Judges

• Before SILER, GIBBONS, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas H. Peyton, Peyton Law Firm, Nitro, West Virginia, for Appellant.  Ira L. Podheiser, Burns, White & Hickton, Pittsburgh, Pennsylvania, for Appellee.   ON BRIEF:  Thomas H. Peyton, Peyton Law Firm, Nitro, West Virginia, for Appellant.  Ira L. Podheiser, Daniel J. Hampton, Burns, White & Hickton, Pittsburgh, Pennsylvania, for Appellee.