BNSF Wins Remand Of $21M Train Crash Verdict

Law360, New York (September 15, 2010, 1:14 PM EDT) -- A Minnesota appeals court has overturned a $21 million ruling against Burlington Northern Santa Fe Corp. in a lawsuit brought by the families of four people killed when their car was struck by a freight train in 2003.

In a mixed ruling, the appeals court said Tuesday that BNSF was entitled to a new trial because the lower court judge erred when giving a jury instruction relative to preemption.

“The jury heard evidence of BNSF's compliance with federal regulations,” the appeals court said. “The erroneous instruction...
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