NIEMIEC v. UNION PACIFIC RAILROAD CO.

No. 05-1921.

449 F.3d 854 (2006)

Jeffrey J. NIEMIEC; Michelle Niemiec, his wife, Appellants, v. UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation; Burlington Northern Santa Fe Railway, a Delaware Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 7, 2006.


Attorney(s) appearing for the Case

Don C. Aldrich, argued, Minneapolis, MN, for appellant.

Melanie J. Whittamore-Mantzios, argued, Lincoln, NE (Thomas C. Sattler, on the brief), for Appellee BNSF Railway Company.

Before ARNOLD, JOHN R. GIBSON, and SMITH, Circuit Judges.


SMITH, Circuit Judge.

Jeffrey J. Niemiec, a yard engineer employed by Union Pacific ("UP"), was injured in a collision between a locomotive engine he was operating and a locomotive engine belonging to Burlington Northern and Santa Fe Railway ("BNSF"). Niemiec sued UP under the Federal Employers' Liability Act ("FELA") and sued BNSF,1 alleging negligence and loss of consortium. The jury found in favor of Niemiec, finding BNSF 100% at fault...

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