MILLER v. UNION PACIFIC RAILROAD COMPANY
Availability of expert witness fees in a Federal Employers' Liability Act action filed in state court is controlled by federal law, which does not authorize an award of expert witness fees to a prevailing plaintiff in a FELA action. Trial court did not abuse its discretion in denying plaintiff employee's motion for reconsideration on basis that employer had successfully argued in a previous case in favor of expert witness fees in a FELA action and was thus estopped from making opposite argument where court determined that inconsistent positions involved a legal rather than a factual issue.
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