Neb. Court Vacates Order Granting Motion to Strike in Diesel Exhaust, Benzene Personal Injury Case

OMAHA, Neb. –– A Nebraska federal court has granted a motion to reconsider an order granting Union Pacific’s efforts to strike a claim for breach of the Locomotive Inspection Act, vacating its decision after finding that there was no evidence that the plaintiff had abandoned the issue or that LIA issues do not remain in the case.

In the Jan. 12 decision, the U.S. District Court for the District of Nebraska opined that any prejudice to the defendant on this issue can be obviated by reopening discovery.

Mark Ranney alleged in his complaint that while riding in locomotives, he was …