Missouri Court of Appeals, Western District / Mar 25, 2025
Shirley A. Ralls, Personal Representative for the Estate of James R. Ralls vs. Soo Line Railroad
Shirley Ralls, as personal representative for her deceased husband's estate, sued Soo Line Railroad Company for wrongful death under FELA, alleging her husband's lung cancer was caused by exposure to carcinogens during his employment. The jury found in favor of Soo Line. On appeal, Ralls argued the trial court erred by allowing her husband's treating physician to offer causation opinions as an undisclosed expert and by permitting opinions that differed from his discovery deposition. The appellate court reversed and remanded for a new trial, finding Ralls was unfairly surprised and prejudiced by the treating physician's expert testimony on causation, which was based on new research not disclosed during discovery.