- 5th Cir.
- Patrick E. Higginbotham, Circuit Judge
The appellant sued after he was struck by a train while driving across railroad tracks. The district court award summary judgment to the railroad company. An expert's testimony that the crossing was "ultrahazardous" is transparently subjective and the district court did not abuse its discretion by excluding his testimony. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-60654, 01-28-2013.