Legal Opinion
Kaiser v. Union Pacific RR. Co.
Nebraska Supreme Court
Decided May 24, 2019No. S-18-636PublishedCited by 12 opinions
1Opinion of the CourtPapik, J.
*810 David A. Kaiser, Jr., sued his former employer, Union Pacific Railroad Company (Union Pacific), under the Federal *811 Employers' Liability Act (FELA). Kaiser alleged that while providing aid to an injured fellow employee, he was exposed to the risk of being run over by a railcar. Kaiser alleged that **195 Union Pacific's negligence caused him to be exposed to this risk and that, as a result, he suffered emotional distress.
Union Pacific moved for summary judgment. It contended Kaiser could not show that during the incident in question, he suffered a physical injury or was within the "zone of…
2Cases cited8 opinions
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- James E. Gottshall v. Consolidated Rail CorporationCourt of Appeals for the Third Circuit · 1995
- Momsen v. Nebraska Methodist HospitalNebraska Supreme Court · 1981
- Roskop Dairy v. GEA Farm Tech.Nebraska Supreme Court · 2015
- Ballard v. Union Pacific R. Co.Nebraska Supreme Court · 2010
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- JB & Assocs. v. Nebraska Cancer CoalitionNebraska Supreme Court · 2019
- Sundermann v. Hy-VeeNebraska Supreme Court · 2020
- Clark v. Scheels All SportsNebraska Supreme Court · 2023
- Bohling v. BohlingNebraska Supreme Court · 2020
- Estate of Block v. Estate of BeckerNebraska Supreme Court · 2023
7 more not listed; retrieve them via the Exa API.