Case Evaluation

Train Accident Verdicts: Pietrowski v. Burlington Northern Santa Fe Railway Co.

Robert Pietrowski v. Burlington Northern Santa Fe Railway Company, et al.

Date: June 23, 2005

Verdict/Settlement (breakdown): The jury returned a three-way verdict in the complaint and cross-complaints that totaled $7,574,448: $6,986,676 for Pietrowski, $575,000 for Pacific Gas & Electric and $12,772 for Burlington Northern. The jury allocated 70 percent fault to Burlington Northern, 17 percent to Pietrowski and 13 percent to Pacific Gas & Electric.

State: New Mexico

Facts: Robert Pietrowski was a Pacific Gas & Electric (PG&E) employee working on power lines close to a private train crossing in December 2001. He was struck by a train as he attempted to cross the tracks. No warning lights or gates were present to warn vehicles. He suffered severe brain damage and spinal injuries and is unable to work again.

The crossing was to be closed 20 days before Pietrowski's accident, according to a letter from Burlington Northern written to the crossing's property owner. Pietrowski sued Burlington Northern for his injuries. Burlington Northern sued PG&E for damages to its train, and PG&E sued Burlington Northern for damages to its truck.

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