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Deviney v. Union Pacific Railroad Co.

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  • Deviney v. Union Pacific Railroad Co.

    Date Decided: Aug 6th, 2010
    Decided By: Nebraska Supreme Court (State)
    Court: Supreme Court of Nebraska
    Citation: 280 Neb. 450

    Background:
    Plaintiff, a railroad worker, brought this action againstUnion Pacific Railroad (Employer) for alleged injuries she suffered after beinginfected with he West Nile Virus as a result of mosquito bites whileworking. Plaintiff alleged thatEmployer knew or should have known that nearby ponds were rife with mosquitoes,and that Employer failed to take appropriate precautions to protectplaintiff. As a result of theinfection, plaintiff alleges that she suffers hearing loss and other physicalailments. Employer filed a motionfor summary judgment, alleging that it did not have a duty to protect theplaintiff from mosquitoes and asked the court to apply the doctrine of feraenaturae.


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