McNEEL v. UNION PACIFIC RAILROAD COMPANY

No. S-07-155.

276 Neb. 143

LYNN R. MCNEEL, APPELLANT AND CROSS-APPELLEE, v. UNION PACIFIC RAILROAD COMPANY, A CORPORATION, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Nebraska.

Filed July 18, 2008.


Attorney(s) appearing for the Case

Fredric A. Bremseth, of Bremseth Law Firm, P.C., and Terrance O. Waite and Keith A. Harvat, of Waite, McWha & Harvat, for appellant.

William M. Lamson, Jr., and Anastasia Wagner, of Lamson, Dugan & Murray, L.L.P., for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, MCCORMACK, and MILLER-LERMAN, B.


STEPHAN, J.

Lynn R. McNeel brought this action under the Federal Employers' Liability Act (FELA),1 alleging that he was injured when he inhaled fumes while employed as a conductor by Union Pacific Railroad Company (Union Pacific). The district court for Lincoln County granted Union Pacific's Daubert/Schafersman2 motion to exclude McNeel's expert witnesses from testifying and subsequently entered summary...

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