DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
121041P.pdf 02/28/2013 Frank Hohn v. BNSF Railway Company
U.S. Court of Appeals Case No: 12-1041
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Wollman, Author, with Bye and Benton, Circuit Judges]
Civil case - Employment Discrimination. Plaintiff's Nebraska law
Whistleblower claim was untimely and the district court did not err in
granting defendant's motion for summary judgment on the claim; district
court did not err in excluding evidence of the Whistleblower complaint in
the trial of plaintiff's disability discrimination claim; defendant's
judgment on plaintiff's disability discrimination claim is affirmed, as the
evidence supported the jury's finding that plaintiff could not perform the
essential functions of the locomotive machinist position with or without a
reasonable accommodation.