In plaintiff's Federal Employers Liability Act (FELA) action against the defendant-railroad company, trial court's verdict in favor of defendant is reversed as to the portion of the 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.
Filed October 9, 2009
Opinion by Judge Nicholson
For Appellant: Hildebrand, McLeod & Nelson, Inc. and John Furstenthal
For Appelle: Randolph Cregger & Chalfant, Joseph P. Mascovich, Adrian L. Randolph, Michael L. Johnson, and Brian W. Plummer