(The following article by Angie Buckley was posted on the Bismarck Tribune website on October 20.)
MANDAN, N.S. — It’s been decades since diesel fuel was discovered under downtown Mandan, and two years since a suit was filed against Burlington Northern Santa Fe Railroad for allegedly putting it there.
Tuesday, after six weeks of testimony and eight days of deliberations, a Grand Forks jury returned with a verdict in the case of Mandan property owners and personal injury clients against Burlington Northern Santa Fe Railroad.
BNSF voiced satisfaction with the verdict while one attorney for the plantiffs said some of them were disappointed.
The trial, which began Sept. 11, was presided over by Judge Lee Christofferson of the Northeast Central District. The trial was moved from Mandan after a change of venue request from BNSF. Originally scheduled to include the city of Mandan and state of North Dakota, those parties settled in August for $30.25 million.
During closing arguments, lead attorney for the plantiffs, Terry Quinn of Rapid City, S.D.,suggested the jury award $230,000 per property owner, plus additional trust money to clean up the diesel. For personal injury clients, he suggested a base of $125,000, with extra damages as applicable.
The amounts awarded are not as high as the plantiffs wanted. Bill Delmore, one of the attorneys for the plaintiffs, said the jury awarded $2,090,000 to involved property owners. BNSF was found 90 percent to 95 percent liable for the diesel fuel under downtown Mandan, so will have to pay only 90 percent to 95 percent of the damages.
Twenty-nine of 31 property owners were awarded individual damages. The railroad will be responsible for compensation ranging from $21,612.50 to $240,000.In a phone statement, BNSF spokesman Gus Melonas said the company is satisfied with the jury’s decision. He wasn’t available for further comment.
Delmore wouldn’t say how much specific clients were awarded because he hadn’t informed them. The top awards included $300,000 at 80 percent liability, $93,000 at 95 percent liability, $150,000 at 95 percent and $174,000 for 90 percent liability.
Of the 28 personal injury clients, who claimed the diesel made them sick, 23 were awarded damages. A total of $352,000 was awarded, at 51 percent liability. Of the plaintiffs, 12 got $20,000. However, because BNSF is only responsible for 51 percent of the damages, they will only receive $10,200. Three other clients were awarded $4,000, also at 51 percent.
Delmore said the trial cost more than $1 million.
Delmore didn’t know if his clients would appeal the decision further, but said that the personal injury clients were “very disappointed.”