Worker reaches $2.3M settlement with BNSF in St. Louis Circuit Court

St. Louis Daily Record & St. Louis Countian, Apr 11, 2008 by Kelly Wiese

An injured railroad worker has reached a nearly $2.3 million settlement with the railroad in St. Louis Circuit Court.

Thomas Joe Carney sued Burlington Northern Santa Fe Railway Co. in August 2005 over injuries he suffered while working as a railroad engineer.

According to an amended version of the lawsuit, filed in February, Carney was operating a train on Aug. 16, 2005, when the train ran over rough track, injuring the Thayer, Mo. man. The suit alleges the track had problems because of a "slope failure" that occurred during construction of a side track.

Carney said in the suit that his back, neck and spine were injured, and that he had and continues to have severe pain and suffering and medical treatment for the injuries. He also suffered psychological injury and mental anguish, the suit said, along with lost wages and benefits.

The lawsuit argued the company was liable under the Federal Employers' Liability Act and that it "failed to provide the plaintiff with a reasonably safe place to work" and failed to maintain its track in safe condition. The suit also alleges the railroad should have ensured that a contractor, Ralph Whitehead Associates Inc., properly designed the side track project.

The suit claims Burlington Northern and Ralph Whitehead should have halted construction once a slope failure was possible, and that they failed to properly monitor the construction project.

St. Louis Circuit Judge David Dowd approved a settlement last month providing Carney $2.26 million but also giving the railroad the ability to seek payment from Ralph Whitehead. Dowd, after hearing Carney's testimony, found the settlement "is reasonable and represents a good-faith compromise." The judge said under the federal law, the railroad has a duty to provide a "reasonably safe" workplace and can be held liable for potentially negligent acts by third parties.

Carney was represented by Roger Denton of the Schlichter, Bogard & Denton firm in St. Louis. Denton was out of town this week and did not return a message seeking comment.

The railroad's attorney was William Brasher, of the Brasher Law Firm in St. Louis. He also could not immediately be reached for comment.

The railroad has moved several lawsuits it's defending to St. Louis County Circuit Court under changes in state tort laws approved in 2005.

But Carney's lawsuit was filed in the city court four days before those changes took effect, and just eight days after the accident. That means the old standards governed this case, and it was allowed as the railroad does business in the city.

Under the revamped tort laws, venue is where an injury occurred, or for out-of-state injuries, where corporate defendants have a registered agent or where a plaintiff lives. The railroad's agent is in St. Louis County.

The company has moved seven railroad personal injury cases to the county since 2006, Brasher said recently, with more to come.