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Former BNSF Worker Awarded $1M in Addition to Original $2.1M Judgment
News & Features
Former BNSF Worker Awarded $1M in Addition to Original $2.1M Judgment
Federal judge rules wrongfully terminated Columbia Falls man entitled to attorneys’ fees, other expenses; denies BNSF's request for new trial
BY TRISTAN SCOTT // APR 27, 2019
In reaffirming a $2.1 million judgment awarded to a Columbia Falls man last year after a jury determined he was wrongfully terminated from his position at BNSF Railway, a federal judge in Missoula has ordered the company to pay an additional $1 million in prejudgment interest, attorneys’ fees and expenses, expert witness fees, and court costs.
The case involves Zachary Wooten, who sued BNSF in 2016 alleging the company violated the Federal Rail Safety Act (FRSA), the Locomotive Inspection Act (LIA) and the Federal Employers’ Liability Act (FELA) after he was injured in the Whitefish rail yard in July 2015. The Federal Railroad Safety Act is a long-standing federal law that was amended in 2007 to protect whistleblowers and those injured on the job. Wooten’s attorneys described the case as one of the largest payouts ever handed down by a jury under the law.
On Nov. 5, 2018, after an 11-day trial, the jury found that BNSF had not violated the LIA but did violate FRSA and FELA. The jury also found that Wooten was partially responsible for his injuries under FELA, and assigned him 25 percent contributory negligence. ... The jury awarded Wooten damages in the amount of $17,570 for lost wages and benefits up to the date of trial, which the court reduced by 25 percent in order to reflect Wooten’s contributory negligence for a total award of $13,177.50.
On his FRSA claim, the jury awarded Wooten $1,407,978 in lost wages and benefits in the future, reduced to present value, and $500,000 for his mental and emotional humiliation or pain and anguish. ... Additionally, after finding that BNSF’s conduct was malicious or in reckless disregard for Wooten’s rights, the jury awarded Wooten $249,999 in punitive damages. ... In April 23, U.S. District Judge Dana Christensen denied BNSF’s motion for a new trial in the matter, but granted Wooten $657,107 in attorneys’ fees, $233,994 for expert witnesses, $42,732 in prejudgment interest on the jury’s $500,000 emotional-distress award, and $81,713.22 in attorneys’ expenses.
....
If you enjoy stories like this one, please consider joining the Flathead Beacon Editor’s Club. For as little as $5 per month, Editor’s Club members support independent local journalism and earn a pipeline to Beacon journalists. Members also gain access to www.beaconeditorsclub.com, where they will find exclusive content like deep dives into our biggest stories and a behind-the-scenes look at our newsroom.
Former BNSF Worker Awarded $1M in Addition to Original $2.1M Judgment
Federal judge rules wrongfully terminated Columbia Falls man entitled to attorneys’ fees, other expenses; denies BNSF's request for new trial
BY TRISTAN SCOTT // APR 27, 2019
In reaffirming a $2.1 million judgment awarded to a Columbia Falls man last year after a jury determined he was wrongfully terminated from his position at BNSF Railway, a federal judge in Missoula has ordered the company to pay an additional $1 million in prejudgment interest, attorneys’ fees and expenses, expert witness fees, and court costs.
The case involves Zachary Wooten, who sued BNSF in 2016 alleging the company violated the Federal Rail Safety Act (FRSA), the Locomotive Inspection Act (LIA) and the Federal Employers’ Liability Act (FELA) after he was injured in the Whitefish rail yard in July 2015. The Federal Railroad Safety Act is a long-standing federal law that was amended in 2007 to protect whistleblowers and those injured on the job. Wooten’s attorneys described the case as one of the largest payouts ever handed down by a jury under the law.
On Nov. 5, 2018, after an 11-day trial, the jury found that BNSF had not violated the LIA but did violate FRSA and FELA. The jury also found that Wooten was partially responsible for his injuries under FELA, and assigned him 25 percent contributory negligence. ... The jury awarded Wooten damages in the amount of $17,570 for lost wages and benefits up to the date of trial, which the court reduced by 25 percent in order to reflect Wooten’s contributory negligence for a total award of $13,177.50.
On his FRSA claim, the jury awarded Wooten $1,407,978 in lost wages and benefits in the future, reduced to present value, and $500,000 for his mental and emotional humiliation or pain and anguish. ... Additionally, after finding that BNSF’s conduct was malicious or in reckless disregard for Wooten’s rights, the jury awarded Wooten $249,999 in punitive damages. ... In April 23, U.S. District Judge Dana Christensen denied BNSF’s motion for a new trial in the matter, but granted Wooten $657,107 in attorneys’ fees, $233,994 for expert witnesses, $42,732 in prejudgment interest on the jury’s $500,000 emotional-distress award, and $81,713.22 in attorneys’ expenses.
....
If you enjoy stories like this one, please consider joining the Flathead Beacon Editor’s Club. For as little as $5 per month, Editor’s Club members support independent local journalism and earn a pipeline to Beacon journalists. Members also gain access to www.beaconeditorsclub.com, where they will find exclusive content like deep dives into our biggest stories and a behind-the-scenes look at our newsroom.