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Sep 17, 2019

BNSF loses $17M verdict, faulted for concrete barrier at railroad crossing

Many lawsuits against railroads involve allegations of a lack of safety devices. In a case in Cape Girardeau County that resulted in a $17 million plaintiff’s win, the safety device was the issue. A jury on Aug. 30 awarded $12 million in compensatory damages and $5 million in punitive damages for a girl who was […]

Sep 6, 2019

Flawed jury instructions prompt second reversal by 8th Circuit in railroad employment case

For the second time, a panel of the 8th U.S. Circuit Court of Appeals has sent a railroad employment case back to a U.S. district court because of faulty jury instructions. Referred to by plaintiff Edward Blackorby in his appeals brief as “arguably the most important case” in the past decade under the whistleblower-protection provisions […]

Nov 7, 2018

BNSF mostly at fault for worker’s injury, jury finds

A Greene County jury has awarded more than $5 million to a 44-year-old former railroad worker injured in a 2015 fall at a Springfield rail yard. The 10 jurors deemed that defendant BNSF Railway Co. was 80 percent at fault in plaintiff James Mitchell’s claim that his fall was caused by a broken handrail. That […]

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