Conclusion

18 We conclude that the trial court properly denied Union Pacific's motion for summary judgment on the merits of Christiansen's claim, but erred in granting Union Pacific's motion on the limitations period. We reverse and remand to permit the trial court to determine whether Christiansen's claim is barred by the limitations period and, if not, for a trial on the merits of his claim.

James Z. Davis, Judge

19 WE CONCUR:

Pamela T. Greenwood,

Associate Presiding Judge

Carolyn B. McHugh, Judge