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DEVINEY v. UNION PACIFIC R. CO.

No. S-08-1259.

786 N.W.2d 902 (2010)

280 Neb. 450

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

Supreme Court of Nebraska.

August 6, 2010.

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, and Cortney S. LeNeave and Richard L. Carlson, of Hunegs, LeNeave & Kvas, P.A., for appellant.

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

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

HEAVICAN, C.J.

INTRODUCTION

Vivika A. Deviney (Deviney) brought this suit against her employer, Union Pacific Railroad Company (UP), under the Federal Employers' Liability Act (FELA),1 for injuries she sustained after contracting "West Nile" virus (WNV). The Douglas County District Court granted UP's motion for summary judgment, and Deviney appealed the decision to the Nebraska Court...

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