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DEVINEY v. UNION PACIFIC R. CO.

No. A-08-1259.

776 N.W.2d 21 (2009)

18 Neb. App. 134

Vivika A. DEVINEY, appellant, v. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, appellee.

Court of Appeals of Nebraska.

November 17, 2009.

Attorney(s) appearing for the Case

Richard J. Dinsmore and Jayson D. Nelson, of Law Office of Richard J. Dinsmore, P.C., L.L.C., Omaha, NE, and Cortney S. LeNeave and Richard L. Carlson, of Hunegs, LeNeave & Kvas, P.A., Minneapolis, MN, for appellant.

William M. Lamson, Jr., Anne Marie O'Brien, and Angela J. Miller, of Lamson, Dugan & Murray, L.L.P., Omaha, NE, for appellee.

SIEVERS, CARLSON, and CASSEL, Judges.

SIEVERS, Judge.

Vivika A. Deviney brought an action under the Federal Employers' Liability Act (FELA) against Union Pacific Railroad Company (Union Pacific) alleging that she contracted "West Nile" virus (WNV) while employed as a conductor by Union Pacific. The district court for Douglas County granted summary judgment in favor of Union Pacific, from which judgment Deviney appeals. We reverse, and remand for further proceedings.

FACTUAL BACKGROUND

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