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8th Circuit
In re Norfolk Southern Railway Company PDF Print E-mail
Written by Steve Gordon   
Thursday, 11 February 2010 00:22
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Case Name:  In re Norfolk Southern Railway Company
Date Decided: January 27, 2010
Court: United States Court of Appeals, Eighth Circuit
Judge: Judge Hansen
Citation: 2010 WL 290439 (C.A.8(Mo.))

Background:
Railroad switchman brought action against his employer in state court under the FELA, Federal Employers’ Liability Act, seeking compensation for an injury sustained while working at a coal-loading facility for defendant, Norfolk Southern Railway Company.

David Demay, an employee of Norfolk Southern was injured while working at a Coal Terminal. Demay filed a lawsuit under FELA in state court, and Norfolk Southern removed the lawsuit from state court to federal court claiming the action was governed by the LHWCA, Longshore and Harbors’ Workers’ Compensation Act.

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Rodney J. Cook v. Union Pacific Railroad Company PDF Print E-mail
Written by Steve Gordon   
Tuesday, 02 February 2010 00:26
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Case Name: Rodney J. Cook v. Union Pacific Railroad Company
Date Decided: January 20, 2010
Court: United States Court of Appeals, Eighth Circuit
Judge: Judge Colloton, Judge Beam, Judge Benton
Citation: 2010 WL 173834 (C.A.8(Neb.)

Background:
Rodney Cook worked for defendant, Union Pacific Company, and brought an action under FELA, Federal Employers’ Liability  Act, alleging that his work duties caused permanent injuries.

Cook stated during the FELA trial that he was concerned for the safety of his co-workers and general public if he returned to work. Ultimately Cook received a jury verdict of $610,000 for his FELA claim.

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Willis Allen York v. Union Pacific Company PDF Print E-mail
Written by Steve Gordon   
Sunday, 31 January 2010 19:25
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Case Name: Willis Allen York v. Union Pacific Railroad Company
Date Decided: January 15, 2010
Court: U.S.D.C. Nebraska
Judge: Judge Strom
Citation: 2010 WL 274996 (D.Neb.)

Background:
Plaintiff, Willis York, filed this action under FELA, Federal Employers’ Liability Act, alleging he suffered cumulative trauma injuries while employed by Union Pacific Railroad Company.

York worked for UP as a mechanic and later as a shop machinist. York claimed he was exposed to various ergonomic risk factors during his employment and exposure resulted in cumulative trauma injuries to his knees and hip.

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Glenn T. Holsapple v. Union Pacific Railroad Company PDF Print E-mail
Written by Steve Gordon   
Thursday, 31 December 2009 01:06
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Case Name: Glenn T. Holsapple v. Union Pacific Railroad Company
Date Decided: December 11, 2009
Court: Supreme Court of Nebraska
Judge: Judge McCormack
Citation: 2009 WL 4723306 (Neb.)

Background:
Glenn T. Holsapple brought this action under the Federal Employers’ Liability Act, FELA, for a knee injury he allegedly sustained in the course of employment.

The injury occurred while Holsapple walked from a parking lot, owned by Union Pacific Railroad Company, to the UP yard office where he reported for work.

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Chester H. Tridle Jr. v. Union Pacific Railroad Co. PDF Print E-mail
Written by Steve Gordon   
Friday, 18 December 2009 14:23
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Case Name: Chester H. Tridle Jr. v. Union Pacific Railroad Co.
Date Decided: December 10, 2009
Court: U.S.D.C. District of Nebraska
Judge: Judge Strom
Citation: 2009 WL 4827480 (D.Neb.)

Background:
Both plaintiff and defendant have moved for motions to strike certain testimony, in limine, and partial motion for summary judgment.

This action was filed under the Federal Employers’ Liability Act (“FELA”). Norman Davis and James Jackson worked for Union Pacific as an electrician and carman respectively. Both employees alleged that they were exposed to various ergonomic risk factors during their employment which resulted in “cumulative trauma injuries”.

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