Trial News

Zachary Wooten, 27, was inspecting a locomotive when he felt pain in his right wrist. He subsequently grabbed the train’s door handrails, and his wrist gave way, causing him to fall onto the ballast. Wooten suffered severe injuries to his right wrist and arm. He reported the incident to his superiors and was subsequently fired from BNSF Railway.

He sued BNSF, alleging liability under FELA and under the Federal Railroad Safety Act (FRSA) for the defendant’s retaliatory termination.

The jury awarded negligence damages of more than $17,500, finding the plaintiff 25 percent at fault. The jury also awarded over $2.15 million under the FRSA, including almost $250,000 in punitive damages.

Citation: Wooten v. BNSF Ry. Co., No. CV 16-139-M-DLC (D. Mont. Nov. 5, 2018).

Plaintiff counsel: AAJ member William Jungbauer, John Magnuson, and Chris Bowman, all of St. Paul, Minn.

Plaintiff experts: Jeff Husband, wrist surgery, Minneapolis; Toby Hayes, biomechanics, Corvallis, Ore.; Jeff Opp, economics, Castle Rock, Colo.; Karen Black, vocational rehabilitation, Bozeman, Mont.; and George Gavalla, railroad safety, New London, Conn.

Defense experts: Brian Weaver, biomechanics, Novi, Mich.; and Catherine Dunlop, vocational rehabilitation, Livingston, Mont.