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Jury award for fired railroad worker reinstated

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A federal appeals court Thursday ordered reinstatement of a $500,000 jury award to a terminated railroad worker and reversed the lower court judge’s ruling in favor of the railroad, in a case revolving around a safety issue.

The focus of the ruling by the 8th U.S. Circuit Court of Appeals in St. Louis is Fort Worth, Texas-based BNSF Railway Co.’s rule concerning a hy-rail, a pickup truck that can operate both on pavement and railroad tracks, according to the ruling in Daniel Monohon v. BNSF Railway Co.

During a September 2012 conference call, a railroad supervisor said employees were required to wear a seatbelt when operating a hy-rail following two accidents where they had not been worn, including one that resulted in a fatality.

Mr. Monohon, a railroad track inspector, objected to the rule, stating if a train is coming down the tracks and there is not enough time to remove the seatbelt “you’re going to get killed.”

Later that day, Mr. Monohon was found riding a hy-rail without a seat belt and a subsequent disciplinary hearing led to his termination.

Mr. Monohon filed suit in U.S. District Court in Des Moines alleging BNSF had violated the Federal Rail Safety Act when it discharged him for reporting in good faith a hazardous safety condition.

After a four-day trial, a jury awarded Mr. Monohon $500,000 in lost wages, lost benefits and emotional distress damages. The court awarded Mr. Monohon $301,734 as well as attorneys fees and costs.

BNSF then filed a motion for judgment as a matter of law, which the district court granted, concluding Mr. Monohon’s report was not objectively reasonable and that the jury’s verdict was not supported by the evidence.

A three-judge appeals court panel vacated the judgment in BNSF’s favor, reversed the order granting its motion for judgment as matter of law, and remanded the case for reinstatement of the jury verdict.

“We conclude that there existed a ‘legally sufficient evidentiary basis to’ support the jury’s finding,” the ruling said.

Considering the evidence, “we cannot conclude that there was ‘a complete absence of probative facts’ such that no reasonable juror could have found that wearing a seatbelt while hy-railing is a hazardous safety condition,” it said.

There was also sufficient evidence to support the finding that the supervisor intentionally retaliated against Mr. Monohon, the ruling said.

Attorneys in the case did not respond to requests for comment.

In March, the U.S. Department of Labor ordered BNSF to pay more than $290,000 in damages for terminating a worker following his work-related injury.