Trial Magazine

Jason Carlson, 37, worked as a railroad conductor for BNSF Railway Co. While working on a locomotive, he was exposed to a BETCO toilet cleaning product that had been sprayed on and in a leaking toilet. After the exposure, he developed reactive airways dysfunction syndrome, which caused breathing difficulties that require asthma medication. Carlson, who returned to work after his exposure, anticipates future medical expenses of approximately $159,300.

Carlson sued the railroad, alleging it violated the Federal Employers’ Liability Act. Suit claimed that the defendant failed to provide a safe place to work, failed to maintain its work areas, and failed to warn of the hazardous conditions in the workplace. The plaintiff also alleged BNSF violated the Federal Locomotive Inspection Act, 49 U.S.C. §20701 et seq., for using a defective locomotive engine.

The jury awarded almost $513,100. The plaintiff was reportedly discharged from his job after the verdict.

Citation: Carlson v. BNSF Ry. Co., No. 27CV1611771 (Minn. Dist. Ct. Hennepin Cnty. Oct. 9, 2017).

Plaintiff counsel: Paula Jossart, Burnsville, Minn.

Plaintiff expert: Karin Pacheco, allergies, Denver.

Defense experts: Alan Leff, pulmonology, Chicago; John Kind, toxicology, Little Rock, Ark.; and Philip Rapport, otolaryngology, Edina, Minn.