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GOEBEL v. DENVER AND RIO GRANDE WESTERN R. CO.

No. 02-1391.

346 F.3d 987 (2003)

Richard W. GOEBEL, Plaintiff-Appellee, v. The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 9, 2003.

Attorney(s) appearing for the Case

Lawrence M. Mann, Alper & Mann, P.C., Washington, D.C., (and Christopher B. Little, Montgomery, Little & McGrew, P.C., Englewood, CO, with him on the brief), for Plaintiff-Appellee.

James W. Erwin (and Thomas R. Jayne, Thompson, Coburn, L.L.P., St. Louis, MO, and Steven E. Napper, Denver, CO, on the briefs), for Defendant-Appellant.

Before KELLY, HENRY, and HARTZ, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

In June 1999, Plaintiff-Appellee Richard W. Goebel obtained a $755,000 jury verdict against his employer, Defendant-Appellant The Denver and Rio Grande Western Railroad Company ("Railroad"), for injuries suffered on the job. The Railroad appealed and we concluded that the district court failed to perform its gatekeeper function and thus abused its discretion by admitting the testimony of plaintiff expert Dr. Daniel Teitelbaum. Goebel...

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