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Heine and Dluski Prevail for BNSF in Train Yard Accident Trial

07/09/2015

In April, Steve Heine and Tom Dluski defended the BNSF Railway in a FELA jury trial in state court in Galesburg, IL. Plaintiff, who was 47 years old at the time of the incident with four years of service, suffered a broken left rib, lacerated left kidney, and a bruised lung after being struck by a cut of railroad cars while setting handbrakes in the Galesburg train yard in December of 2009. Much of the testimony and evidence at trial centered around how the accident occurred and the applicable rules. Plaintiff alleged that just before the accident he received communication from the Hump Tower Yardmaster that there was a block on Track 19, and that after the accident he was told for the first time that the track was "blocked and rolling," which means that train cars could still be coming down the track. Plaintiff and his expert opined that the use of the term "blocked and rolling" is ambiguous and that a track cannot be blocked and also have cars rolling. Plaintiff also alleged that he had never heard the term until after the incident, although several BNSF witnesses testified that the term was explained during plaintiff's training and on at least two other occasions. Plaintiff also alleged his training was deficient because he was told it was permissible to straddle the rail when setting a handbrake in the bowl, and that he was not familiar with his job responsibilities on the day of the accident. Plaintiff asked the jury for a minimum of $767,000, but received net verdict of $28,000, which reflected the jury's decision to reduce his overall damages by 50% based on the plaintiff's own negligence. Post trial motions are pending.