Nebraska court revives lawsuit against UP by woman who says she got West Nile while on the job

Neb. court puts ex-UP worker’s case back on track

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.

On the Net:

Nebraska Court of Appeals: www.supremecourt.ne.gov