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HOLSAPPLE v. UNION PACIFIC R. CO.

No. S-09-152.

776 N.W.2d 11 (2009)

279 Neb. 18

Glenn T. HOLSAPPLE, Jr., appellant, v. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, appellee.

Supreme Court of Nebraska.

December 11, 2009.

Attorney(s) appearing for the Case

Christopher J. Moreland, Robert T. Dolan, and Robert E. Dolan, of Yaeger, Jungbauer & Barczak, P.L.C., Minneapolis, MN, and John J. Higgins, Omaha, for appellant.

John M. Walker and David J. Schmitt, of Lamson, Dugan & Murray, L.L.P., Omaha, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

Glenn T. Holsapple, Jr., brought this action under the Federal Employers' Liability Act (FELA) for a knee injury he allegedly sustained in the course of his employment. The injury occurred when Holsapple stepped into a hole while walking through an alleyway from a parking lot owned by Union Pacific Railroad Company (UP) to the UP yard office where he reported for work. The district court granted UP's motion for summary judgment...

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