Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Thursday, January 19, 2006
Mosquito bite leads to West Nile and a FELA case against Union PacificOmaha.com reports that Union Pacific train conductor Vivika A. Deviney has filed a FELA case claiming damages from catching West Nile virus from, you guessed it an unsafe mosquito at work. You see under FELA the railroad must provide a safe work environment. Consequently Union Pacific had to spray every mudhole along its thousands of miles of track to eradicate those pesky bugs. Interesting comment when even the Plaintiff's counsel realizes the case is a shakedown, the attorney will retreat into an abstract defense of the law behind his flimsy case.
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