Trial Magazine

Brian Stanton, 39, worked as a locomotive engineer for BNSF Railway Co. While transporting Stanton from a job site, a driver for Professional Transportation fell asleep at the wheel, causing their vehicle to land on a snow-filled highway median. Stanton, who was in the back seat, suffered soft-tissue injuries, necessitating physical therapy. He continues to suffer pain arising out of the incident.

Stanton sued the railroad, alleging liability for its agent’s failure to remain awake while driving. The defendant admitted liability.

The jury awarded $400,000. Posttrial motions have been resolved.

Citation: Stanton v. BNSF Ry. Co., No. 27-CV-2015-021449 (D. Minn. June 2017).

Plaintiff counsel: AAJ member Fredric A. Bremseth and Ronald J. Barczak, both of Minnetonka, Minn.

Plaintiff experts: Jeffrey Opp, forensic accounting, Castle Rock, Colo.; Daniel Billington, accident reconstruction, Milwaukee; and Jesse Ogren, vocational rehabilitation, Bloomington, Minn.