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Case of the Month December 2015

Railway Employee Claims Wrongful Termination

Koziara v. BNSF Railway Company

Case Type:
Wrongful Termination - FRSA

Specific Liability:
Federal Railroad Safety Act

General Injury:
Emotional Distress

Jurisdiction:
State: Wisconsin
Court: United States District Court, W.D. Wisconsin.

Related Court Documents:
Verdict form - liability: 2015 WL 5970141
Verdict form - damages: 2015 WL 5970168
Judgment: 2015 WL 5970144

Case Name:
Koziara v. BNSF Railway Company

Docket/File Number:
3:13CV00834

Result Amount:
$425,725

Result Date:
March 05, 2015

Judge:
James D. Peterson

Attorneys:
Plaintiff: Matthew H. Morgan, Nichols Kaster P.L.L.P., Minneapolis, MN
Plaintiff: Russell A. Ingebritson, Ingebritson & Associates P.A., Minneapolis, MN
Defendant: Bruce J. Douglas, Ogletree, Deakins, Nash, Smoak & Stewart P.C., Minneapolis, MN
Defendant: Colton D. Long, Ogletree, Deakins, Nash, Smoak & Stewart P.C., Minneapolis, MN

Result Type:
Jury Trial

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$425,725

Award: Compensatory Pain & Suffering: $125,000
Compensatory Past Wages: $175,725
Total Compensatory Award: $300,725
Punitive Damages: $125,000
Hedonic Damages: $0
Property Damages: $0
Interest: $0
Other Damages: $0
Loss of Services: $0

Summary of Facts:
Michael Koziara, a former railroad foreman, sued BNSF Railway Company for wrongful termination, in violation of the Federal Railroad Safety Act (FRSA), 49 U.S.C.A. Sec. 20109. The plaintiff contended he was instructing the operator of a front-end loader in the removal of crossing planks when a plank unexpectedly struck him in the lower leg. According to Koziara he initially believed that he just sustained bruising, but it was determined four days later that the injury was a tibial fracture, and the defendant charged him with failure to be alert and attentive. Koziara asserted that the defendant also brought a claim of theft against him, alleging that he had stolen scrap ties for personal gain. The plaintiff argued that he received no compensation for the 20 ties, and had received permission for them to be given to a local farmer for use on his property. He averred that he was ultimately assessed with a 30 day suspension, and was terminated following the suspension. The plaintiff further averred that his termination violated the FRSA since he was engaged in a protected activity by reporting a work-related injury. The defendant denied the allegations.

Court: United States District Court, W.D. Wisconsin.

Westlaw Citation:
2015 WL 6163477