Wilkinson v. Union Pacific Railroad

ZIMMERMAN, Justice:

Barbara Wilkinson (“Wilkinson”) filed a complaint in Third District Court under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51 to -60, to recover damages for the alleged wrongful death of her husband, Gary Wilkinson (“decedent”). The trial court granted summary judgment for defendant employer Union Pacific Railroad Co. (“Union Pacific”) concluding that the jurisdictional prerequisites of FELA were not present on the facts alleged. Wilkinson argues that decedent’s “medical emergency” arose when he fell unconscious, which both Wilkinson and Union Pacific agree…