Trial Magazine

James Rohr Jr., 33, worked as a carman for BNSF Railway Co. While assisting a crew sorting railcars at a railyard, he responded to a radio call advising that a brake needed to be set on a group of railcars. He motioned to another crew member that he would set the brake and then straddled the rail where those railcars were located. Unbeknownst to Rohr, crew members had kicked another set of railcars toward the cars near him, which moved them 50 feet and caused Rohr to sustain a crushed left foot. He required a below-the-knee amputation and was fitted with a prosthetic device. Twenty months later, he returned to work. His past lost wages totaled approximately $93,200.

Rohr sued BNSF, alleging it failed to provide safe equipment and a safe place to work in violation of the Federal Employers’ Liability Act (FELA). The plaintiff asserted that the crew should have stopped all train movement after the radio announcement and that they failed to acknowledge his nonverbal communication that he intended to set the brake. The plaintiff also claimed that the railroad provided static-ridden radios and had a vague and confusing rule regarding workers “fouling,” or positioning themselves over, the rails. Suit did not claim past medical expenses but sought expenses for Rohr’s future prosthetic needs.

The jury awarded over $7.11 million, finding Rohr 51% liable. Posttrial motions are pending.

Citation: Rohr v. BNSF Ry. Co., No. CI 17-620 (Neb. Dist. Ct. Lancaster Cnty. Jan. 16, 2019).

Plaintiff counsel: AAJ member Jeffrey E. Chod and James Cox Jr., both of Denver; and AAJ member Vincent M. Powers, Lincoln, Neb.