Railroad Worker Wins $532,500 in BNSF Workplace Injury Lawsuit

Jason M. Bultinck vs BNSF Railway Company, a Delaware corporation

Case Background

Plaintiff Jason M. Bultinck filed the lawsuit on March 17, 2022, in the Minnesota State District Court of Hennepin County (Case number: 27-CV-22-3273). Judge Kristin Siegesmund presided over it.

Cause

On December 18, 2019, Jason M. Bultinck, a resident of St. Paul, Minnesota, was employed as a conductor by BNSF Railway Company, a Delaware corporation. Bultinck worked at BNSF’s railroad yard in St. Paul, performing his duties as part of interstate commerce operations. While switching railcars on BNSF’s tracks, Bultinck observed a misaligned drawbar on one of the railcars he needed to switch. As part of his job responsibilities, Bultinck was required to realign any misaligned drawbars encountered during his work manually. Following the technique BNSF had taught him, Bultinck attempted to realign the drawbar using what he believed was an appropriate and reasonable level of human force. However, contrary to expectations, the drawbar did not move laterally as intended. Instead, it became stuck and rigid, causing Bultinck to stop abruptly. This sudden jolt resulted in significant strain to Bultinck’s spine and lumbar region, leading to severe injuries.

Injuries

The incident caused Bultinck to suffer severe and permanent physical and emotional injuries, primarily affecting his spine and lumbar region. The unexpected jolt from the stuck drawbar subjected Bultinck’s body to significant strain and trauma. The injuries sustained were not just temporary but had long-lasting effects on Bultinck’s health and well-being. The severity of the spinal and lumbar injuries significantly impacted Bultinck’s ability to perform his job duties and affected his overall quality of life.

Damages

To address his injuries, Bultinck incurred significant medical expenses for treatments, therapies, and medications. He sought judgment against BNSF for reasonable damages to fully compensate him for his losses and damages, along with costs, disbursements, and reasonable attorneys’ fees.

Key Arguments and Proceedings

Legal representation

• Plaintiff(s): Jason M. Bultinck
  • Counsel for Plaintiff: Thomas William Fuller| Cortney Scott Leneave | Isabel S. Johnson

• Defendant(s):BNSF Railway Company, a Delaware corporation
  • Counsel for Defendants: Daniel Allen Haws| Cody Mitchell Bauer | Briana Jayne Chatelle Gornick | Krista Joan Pezewski 

Claims

Bultinck filed a lawsuit against BNSF Railway Company  under the Federal Employers’ Liability Act (FELA). His complaint outlined several claims of negligence and breach of duty against BNSF. Specifically, Bultinck alleged that BNSF failed to provide a reasonably safe work environment. He claimed that the company neglected to warn him about unsafe conditions related to the railcars and drawbar equipment. Additionally, he alleged that BNSF failed to provide safe, adequate, and properly functioning railcars and drawbar equipment.

Furthermore, Bultinck claimed that BNSF neglected to properly inspect, repair, and maintain its railcars and drawbar equipment. He asserted that the company provided drawbars that were rusted, corroded, improperly lubricated, or otherwise defective. The complaint also alleged that BNSF failed to implement and enforce safe work methods and procedures, and did not provide proper tools and equipment, such as a drawbar alignment strap or other mechanical equipment for safely aligning drawbars.

In addition to the FELA claims, Bultinck alleged violations of the Federal Safety Appliance Act. He claimed that BNSF failed to provide safe and properly working railcars and equipment, specifically citing the unsafe, malfunctioning, and defective drawbar that failed to function as intended, resulting in his injuries.

Defense

In its answer, BNSF denied all allegations of negligence and liability for Bultinck’s claimed injuries. The company asserted that if Bultinck suffered any injuries or damages, they were the result of his own negligence and failure to use reasonable care. BNSF argued that Bultinck’s actions or inactions were the sole cause of any alleged injuries or damages.

The railway company claimed that any hazardous conditions on the property had been open and obvious, and Bultinck should have been aware of them if he had exercised proper care for his own safety. BNSF denied that Bultinck’s injuries were caused by any negligent or improper conduct on their part. They also suggested that Bultinck may have failed to mitigate his damages by not making reasonable efforts to return to work, seek alternative placement within BNSF or other entities, or cooperate with vocational counseling efforts.

BNSF raised several affirmative defenses, including potential preemption by federal statutes and regulations, such as the Federal Railroad Safety Act. They argued that Bultinck’s claims might be barred by doctrines like laches, estoppel, spoliation, release, and preclusion. The company also asserted that the Federal Safety Appliance Act did not apply to this claim and denied that any safety devices were defective or caused Bultinck’s alleged injuries.

Additionally, BNSF contended that Bultinck may have been acting outside the scope of his employment at the time of the alleged injury, potentially making the Federal Employers Liability Act (FELA) inapplicable. They argued that if Bultinck was injured on the job, it occurred during his normal and routine daily activities and was not the result of BNSF’s negligence or failure to provide a safe work environment.

Jury Verdict

On March 26, 2024, the jury awarded Bultinck a total of $532,500. This included $282,500 for past wage loss from the November 18, 2019, incident to the date of the verdict, and $250,000 for future loss of earning capacity.

Court Documents:

Available Upon Request