Nebraska Court Allows Railroad Worker's Claim to Continue

OMAHA - A federal judge has denied a railroad's motion for summary judgment on a welder's claim for disability benefits, concluding that the claim was filed within the three-year window allowed by the Federal Employers' Liability Act. Eastham v. The Burlington Northern Santa Fe Railroad Co., No. 4:07cv3115 (D. Neb.).

Judge Richard G. Kopf of the U.S. District Court for the District of Nebraska said in his three-page order on July 2 that there was sufficient evidence that plaintiff Charles E. Eastham was advised in 1992 that his blood tests were "normal" to counter The Burlington Northern Santa Fe Railroad …