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By JEAN ORTIZ
Associated Press Writer
Neb. court puts ex-UP worker's case back on track84 days ago
(AP:OMAHA, Neb.) Union Pacific Railroad will have to defend itself from a lawsuit by a former employee who says the company should have done a better job protecting her against West Nile virus.
The Nebraska Court of Appeals has revived the case involving the former employee who contracted the illness while working.
In a ruling issued Tuesday, the appellate court said a Douglas County district judge was wrong to dismiss Vivika Deviney's (VIHV'-uh-kuh duh-VY'-neez) case. The court says it should have been presented to a jury.
Deviney argues the railroad failed to control mosquitoes along a track in Wyoming and is liable for her injuries.
Union Pacific contends it tried to ensure employees' safety, but that Deviney's injuries weren't ones they could reasonably prevent.
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On the Net:
Nebraska Court of Appeals: http://www.supremecourt.ne.gov
Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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