“8th Circ. Orders New Trial In BNSF Injury Retaliation Case”
The Eighth Circuit on Monday reversed a $58,280 verdict for a BNSF worker who sued the railroad for retaliation after he was disciplined for not immediately reporting an on-the-job eye injury, saying the jury was not given proper instructions.
A Kansas City, Missouri, federal jury in 2015 awarded Edward Blackorby $58,280 in damages for emotional distress on his allegations that BNSF Railway Co. violated the Federal Railroad Safety Act when it slapped him with a 30-day record suspension and a one-year probationary period. The railroad giant had disciplined Blackorby for not immediately reporting that a piece of metal flew into his right eye while he worked on a traveling steel gang that repaired and maintained track for BNSF.
BNSF is represented by Bryan P. Neal of Thompson & Knight LLP.