David J. Schmitt

About David J. Schmitt

Dave Schmitt is a partner of Lamson Dugan & Murray LLP. He represents and advises railroads, trucking companies, insurance companies, businesses and individuals in a variety of legal matters including railroad defense under the Federal Employers’ Liability Act, grade crossing litigation, personal injury, product liability, cyber law, and federal and state court appeals. — Read Full Profile

Latest News

4 Feb, 2022

Nebraska Federal Court Grants Summary Judgment on Statute of Limitations in FELA Toxic Action

2022-02-04T17:17:34-06:00February 4th, 2022|Transportation Law|

In Anderson v. Union Pac. R.R., 7:18-cv-5010 (July 6, 2020), the Nebraska federal court granted the defendant railroad’s motion for summary judgment on the statute of limitations in a toxic action filed under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. The plaintiff filed the action on August 21, 2018 claiming he was exposed to diesel exhaust and alleged toxic materials while he worked for the railroad which [...]

4 Feb, 2022

The Importance of Securing Medical Records Before Taking a Plaintiff’s Deposition

2022-02-04T17:11:08-06:00February 4th, 2022|Transportation Law|

In a personal injury case it is important to secure all of the plaintiff’s medical records before taking a plaintiff’s deposition. Medical records are important to determine the nature and extent of the claimed injury. Reviewing medical records in detail will provide insight whether a plaintiff complained of the same or similar conditions before the subject incident. Medical records typically contain a patient’s history, including the date of onset and [...]

4 Feb, 2022

Deposing a Plaintiff in FELA Toxic Actions

2022-02-04T17:09:47-06:00February 4th, 2022|Transportation Law|

Railroad workers are filing FELA lawsuits against their former employers claiming they were exposed to alleged toxic substances during their railroad careers which caused them to develop cancer. Most of the plaintiffs are retired and developed cancer late in their lives. They claim their railroad employment from decades earlier is responsible. It is important when taking a plaintiff’s deposition in a toxic tort action to have the plaintiff be specific [...]

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