On May 5, the Nebraska Supreme Court affirmed the jury verdict in favor of Union Pacific in Winder v. Union Pacific, a case tried by Anne Marie O’Brien, Daniel J. Hassing, and Andrew Reinhart. The Lamson Dugan team defended Union Pacific in the seven-day jury trial that focused on whether an allegedly inoperative handbrake violated the Federal Safety Appliance Act and caused or contributed to Kevin Winder’s injuries. The Lamson Dugan team persuaded the jury that the answer was “no.” On appeal, Winder argued that the evidence was so clear cut that the Douglas County District Court should have directed a verdict in his favor instead of submitting the case to the jury. A unanimous Nebraska Supreme Court rejected Winder’s arguments, decided that the case properly presented questions for the jury, and concluded that the district court did not err in submitting the case to the jury. This significant win is a great example of Lamson Dugan’s expertise at all levels of the litigation process. Congrats to Anne Marie, Dan, and Andy!
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