Case Law Database

Pretter v. Metro North Commuter Railroad

Plaintiff Frank A. Pretter Sr., along with fourteen other Metro North employees, alleged they developed carpal tunnel syndrome and other disabilities due to Metro North's negligence in requiring repetitive tasks at the Harmon Shop. To support their claims, plaintiffs offered the expert testimony of ergonomist Dr. Robert Andres. Defendant Metro North moved to strike Dr. Andres' testimony, arguing it lacked scientific certainty. After a two-day evidentiary Daubert hearing, the Court granted Metro North's motion, ruling Dr. Andres' opinions were too vague, based on imprecise methodology, and inadequate investigation, thus inadmissible. Consequently, Dr. Andres' proffered testimony was entirely stricken and will not be permitted at trial.