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132658P.pdf   02/11/2015  Union Pacific Railroad Company  v.  Progress Rail Services Corp
   U.S. Court of Appeals Case No:  13-2658
                          and No:  13-2797
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Bye, Circuit 
   Judge] 
   Civil case - Torts. In suit alleging defendant had negligently 
   reconditioned railcar axles for Union Pacific by failing to properly 
   inspect them for corrosion and correct any corrosion pits, thereby causing 
   the axles to fail, the district court did not abuse its discretion in 
   excluding Union Pacific's expert's opinion that the axle failures were 
   caused by corrosion pits defendant failed to remove when it reconditioned 
   the axles; the expert could not say when the pits had formed and could not 
   trace the fatigue cracks that caused the axles to fail to specific 
   corrosion pits; in light of this gap in the data, the district court did 
   not err in excluding the expert's ultimate opinion; defendant laid an 
   adequate foundation for its expert's testimony, and the district court did 
   not abuse its discretion by denying Union Pacific's objections.