KING v. BURLINGTON NORTHERN SANTA FE RY. CO.

No. S-05-1520.

762 N.W.2d 24 (2009)

277 Neb. 203

Vicki KING, Special Administratrix of the Estate of Bradley B. King, Deceased, Appellant, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, a Delaware corporation, Appellee.

Supreme Court of Nebraska.

February 27, 2009.


Attorney(s) appearing for the Case

Richard J. Dinsmore and Jayson D. Nelson, of Law Offices of Richard J. Dinsmore, P.C., Omaha, for appellant.

Nichole S. Bogen and James A. Snowden, of Wolfe, Snowden, Hurd, Luers & Ahl, L.L.P., Lincoln, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

I. SUMMARY

Bradley B. King brought this toxic tort action under the Federal Employers' Liability Act (FELA) against the appellee, Burlington Northern Santa Fe Railway Company (BNSF). He alleged that he contracted multiple myeloma during his employment with BNSF because of exposure to diesel exhaust emissions. Multiple myeloma is a cancer originating in the bone marrow plasma cells.

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