Miller v. Union Pacific Railroad

Plaintiff Robert Miller filed suit in state court under the Federal Employers’ Liability Act (FELA) ( 45 U.S.C. § 51 et seq.) seeking recovery for injuries he sustained while working for defendant Union Pacific Railroad Company (Union Pacific). Miller prevailed at trial and sought to recover approximately $73,000 in expert witness fees under Code of Civil Procedure section 998. The trial court granted Union Pacific’s motion to strike the fees and denied Miller’s motion for reconsideration.

In the published portion of the opinion, we hold the availability of expert witness fees in a FELA action filed in state court is controlled by federal law, and we find federal law does not authorize an award of expert witness fees to a prevailing plaintiff in a FELA action. Accordingly, we affirm the trial court’s order striking Miller’s request for expert witness fees.

In the unpublished portion of the opinion, we hold the trial court did not abuse its discretion in denying Miller’s motion for reconsideration.

FACTUAL AND PROCEDURAL BACKGROUND

In 1966, Miller began his career at Union Pacific, working mainly as a locomotive engineer. In July 2001, he was injured when a hand brake…