STORY FROM: Benzene & Emerging Toxic Torts Litigation

Neb. Court Grants Summary Judgment to Union Pacific Railroad on Statute of Limitations Grounds

OMAHA, Neb. –– A Nebraska federal court has granted Union Pacific Railroad Company’s motion for summary judgment in a toxic exposure FELA action, finding that the plaintiff knew the essential facts necessary to impose a duty on him to investigate any potential work-related cause of the decedent’s cancer.

In the June 23 order, the U.S. District Court for the District of Nebraska found that the three-year time period in which he had to file the lawsuit began when he was told he had colon cancer.

Shirley Brown asserted the claims on behalf of Neal Jackson, contending that the decedent was ...

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