By JEAN ORTIZ
Associated Press Writer

OMAHA, Neb. (AP) - Union Pacific Railroad will have to defend itself from a lawsuit by a former employee who says the company should have done a better job protecting her against West Nile virus.

The Nebraska Court of Appeals has revived the case involving the former employee who contracted the illness while working.

In a ruling issued Tuesday, the appellate court said a Douglas County district judge was wrong to dismiss Vivika Deviney's (VIHV'-uh-kuh duh-VY'-neez) case. The court says it should have been presented to a jury.

Deviney argues the railroad failed to control mosquitoes along a track in Wyoming and is liable for her injuries.

Union Pacific contends it tried to ensure employees' safety, but that Deviney's injuries weren't ones they could reasonably prevent.

___

On the Net:

Nebraska Court of Appeals: http://www.supremecourt.ne.gov

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.