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By Sean Thomas Jury Orders BNSF to Pay Injured Engineer $2.8M Amarillo, Texas - The Burlington Northern Santa Fe Railway Co. will have to pay a former Amarillo railroad engineer $2.8 million for injuries sustained in a 2006 train accident. In October 2006, Lloyd Rand, a 55-year-old BNSF engineer, was injured when the train he was driving crossed from the main tracks to a side line and struck a line of parked rail cars, according to court documents. Rand sued BNSF in 2007, alleging it was negligent by failing to switch rail lines back to the main track, causing the accident. BNSF denied the suit's claims. The suit alleged Rand suffered injuries to his neck, left shoulder and lower back. The train was traveling from La Junta, Colo., to Amarillo and derailed on the Cline Street rail tracks in Cactus. Rand and another BNSF employee, T.D. Barley of Amarillo, were on the train. A Tarrant County jury awarded Rand the multimillion dollar amount last week, exceeding BNSF's most recent settlement offer of $187,500, said Tom Flaskamp, Rand's attorney. However, BNSF officials claimed the jury ignored Rand's pre-existing conditions and other factors. "While BNSF accepts responsibility for the accident, we believe that the jury awarded excessive damages and ignored important facts in order to reach a result based on sympathy for Mr. Rand rather than the actual facts produced at trial," said Joe Faust, BNSF regional public affairs director. "BNSF is disappointed with the result and is evaluating all our post-trial options." Faust also said Rand was given several opportunities to continue working at the railroad. Tom Flaskamp, a partner with Belleview, Wash.-based firm Rossi Cox Vucinovich Flaskamp P.C., denied Rand had any previous injuries or that he was able to return to any job offered by BNSF. Flaskamp said medical personnel testified Rand was unfit to return to a railroad operating environment. Flaskamp said his client, who is now training to become a teacher, was satisfied with the jury's findings. Flaskamp said Barley, who he did not represent, settled out of court with BNSF for an undisclosed amount. BNSF could not immediately confirm a settlement with Barley. Copyright 2009 The Amarillo Globe News |
