Trial Magazine

Allen Buechler, 49, worked as an engineer for BNSF Railway Co. He was transported to a worksite in an SUV operated by driver Robert Bicknese, an employee of Professional Transportation, Inc., which contracted with BNSF. Buechler stood outside the vehicle while waiting for a train at the worksite. Bicknese drove the SUV in reverse, hitting Buechler and knocking him down. Buechler suffered herniated disks that have hindered his mobility and caused him continuing pain. He has not returned to his job, at which he had earned $79,000 annually.

Buechler sued BNSF Railway, alleging liability for Bicknese’s negligent driving. The plaintiff did not claim past medical expenses.

The defense argued that Buechler failed to keep a proper lookout and should not have gotten out of the SUV.

The jury awarded more than $1.27 million, finding the plaintiff 25 percent at fault.

Citation: Buechler v. BNSF Ry. Co., No. 2:17-CV-00131-SWS (D. Wyo. Aug. 28, 2018).

Plaintiff counsel: AAJ members Jim Fitzgerald and Michael Fitzgerald, both of Cheyenne, Wyo.; and Richard Carlson and AAJ member Randal LeNeave, both of Wayzata, Minn.