All Topics

• FELA - Do I have to Move?

  John Inserra | October 30, 2006 2:59 PM | 0 CommentsOmaha, NE

  The Washington Appeals Court says no. The case of Harris v Union Pacific reverses a trial court's ruling on plaintiff's motion in limine. It appears that the law in FELA, for injured railroad workers, is that while mitigation of damages is an issue, a railroad worker does not have relocate in another state at the insistence of the railroad employer.

• Beef Recall

  John Inserra | October 10, 2006 3:15 PM | 0 CommentsOmaha, NE

  Jim's Market and Locker, Inc. a Harlan, Iowa, firm, is voluntarily recalling approximately 5,226 pounds of ground beef that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service announced today. Click on the USDA cite above for details.

• Side Airbag Study

  John Inserra | October 06, 2006 9:56 AM | 0 CommentsOmaha, NE

  The New York times reports:A driver's risk of being killed in a side-impact crash decreases by more than a third if the vehicle has head-protecting side-curtain air bags, a study of accident data by the Insurance Institute for Highway Safety shows. Automakers have agreed to make side-curtain air bags standard equipment in all vehicles by 2010. For the 2006 model year, some type of side air bag...

• Kentucky FELA Verdict

  John Inserra | September 15, 2006 7:23 PM | 0 CommentsOmaha, NE

  A jury has awarded a former railroad employee $1.8 million after he claimed exposure to cleaning solvent at work in Louisville and Corbin caused permanent brain damage, reported in the Louisville, Kentucky Courier-Journal.The plaintiff alleged that solvents sickened workers at CSX or companies that CSX acquired, such as the Louisville & Nashville Railroad. Plaintiff had worked for the company...

• Tobacco Class Action Allowed

  John Inserra | September 13, 2006 9:03 AM | 0 CommentsOmaha, NE

  The Massachusett's highest court allowed potentially hundreds of thousands of smokers to mount a class-action lawsuit against Philip Morris Cos. Inc. contending that the cigarette maker duped them into believing that Marlboro Lights delivered lower tar and nicotine than regular cigarettes. The class will be composed of anyone in the state who since 1994 bought Marlboro Lights. This lawsuit is...

• Happy Labor Day

  John Inserra | September 03, 2006 12:24 PM | 0 CommentsOmaha, NE

  Labor Day, the first Monday in September, is a creation of the labor movement and is dedicated to the social and economic achievements of American workers. It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country. Inserra and Kelley wish all a happy Labor Day.

• Crashworthiness Rule issued by Federal Railroad Adminstration

  John Inserra | August 29, 2006 9:19 AM | 0 CommentsOmaha, NE

  The Federal Railroad Administraion issued its final rule on crashworthiness of a locomotive cab. The rule took effect on August 28, 2006. The purpose of the rule is to have locomotive cabs designed and manufactured to protect crew members from being injured or killed in a variety of crash scenarios.

• Do I have to Move?

  John Inserra | August 22, 2006 9:07 AM | 0 CommentsOmaha, NE

  The recent case of Olson v Capital Electric handed down by the Nebraska Court of Appeals as an unpublished opinion says no you don't have to move. Olson an injured electician refused to move to Kansas City to work for Capial Electric while he was released from his doctor with light duty restrictions which could not be accomodated on his regular job with Capital in Omaha Nebraska. Capital...

• You Take Them as You Find Them

  John Inserra | August 18, 2006 9:50 AM | 0 CommentsOmaha, NE

  The case of Castillo v Young handed down today by the Nebraska Supreme Court answers the question regarding the propriety of instructing a jury regarding a prexisting condition. The court decided that it is proper for a trial court to instruct a jury that you take the plaintiff as you find them. The requested instruction was:The instruction requested by Castillo stated: There is evidence...

• Rear End Collisions

  John Inserra | August 10, 2006 2:39 PM | 0 CommentsOmaha, NE

  The Insurance Institute for Highway Safety recently evaluated four cars and two small SUVs, finding that front and side protection is improving but protection for rearend crashes lags. Now it's the norm for vehicles to earn good ratings in the frontal test, and performance in the side test is rapidly improving," Lund says. "But protection against neck injury in rear-end crashes still needs a lot...