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In re Norfolk Southern Railway Company |
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Written by Steve Gordon
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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 |
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Written by Steve Gordon
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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 |
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Written by Steve Gordon
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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 |
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Written by Steve Gordon
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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. |
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Written by Steve Gordon
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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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