Will UP worker get day in court?

[Omaha Steve]

http://www.omaha.com/article/20090929/NEWS01/709299874

The Associated Press
Metro/Region

A Union Pacific conductor who hurt his knee in 2006 while walking to work from a railroad parking lot wants the chance to present his case in court.

The Nebraska Supreme Court is scheduled to hear arguments on Oct. 9 about whether Glen Holsapple can proceed with his lawsuit against the Omaha-based railroad for injuries Holsapple suffered when he stepped in a pothole in Marysville, Kan.

The railroad argued in Douglas County District Court that it shouldn’t be held responsible for Holsapple’s injury because it happened before his shift started and it happened on a driveway owned by the city of Marysville.

The judge granted a summary judgment for Union Pacific, so Holsapple’s lawsuit never went to trial.