Dustin v. Union Pacific Railroad

SWANSTROM, Judge.

This appeal comes to us from the granting of a summary judgment in favor of the defendant, Union Pacific Railroad. The plaintiff, Donald Dustin, brought suit under the Federal Employer's Liability Act, 45 U.S.C.A. § 51 et seq. (FELA) to recover for back and knee injuries sustained during his employment with Union Pacific. The railroad moved for summary judgment based on a release of claims signed by Dustin. Dustin asserted the release was void for mutual mistake of fact. The district court found that there was insufficient evidence to support Dustin’s mutual mistake theory…