(The following story by Robert Boczkiewicz appeared on The Capital-Journal website on July 8.)
DENVER — An appeals court Monday decided in favor of a Topeka railroad worker who was awarded $155,000 in his lawsuit against the Burlington Northern Santa Fe Railway Co.
Monday’s decision by the 10th U.S. Circuit Court of Appeals stemmed from BNSF dismissing Larry Hysten from employment in 1999. He worked at the railroad’s Topeka maintenance facility.
A U.S. District Court jury in Kansas City, Kan., found the company dismissed Hysten in retaliation for reporting a work-related injury that might have led to a future claim against the railway.
The Denver-based appeals court concluded 3-0 in a 46-page decision the company’s challenges to the jury’s verdict “lack merit.”
BNSF told Hysten he was dismissed for violating company rules about employees reporting injuries. One of his attorneys, Stephen Lanterman, said Monday the railway alleged Hysten filed a false report.
At the trial, Hysten’s attorneys introduced evidence that the company superintendent, who sent the dismissal notice, had a financial incentive under BSNF pay policy to deter work-related injury claims.
Hysten was a carman who began working for the railway in 1977. Lanterman, speaking from his office in Topeka, said Hysten now works on the family farm near Lake Perry.
In its appeal, BNSF contended there was insufficient evidence for the jury’s verdict and that the trial judge, Kathryn Vratil, erred in letting the jury consider whether to award punitive damages.
The jury awarded Hysten $30,000 for lost wages and benefits, $5,000 as compensation for his damages and $120,000 to punish the railway.
If Monday’s decision stands, interest due will bring the total to about $200,000, Lanterman said.
BNSF didn’t respond to a request for comment.