BNSF Wins New Trial in Injured Worker Lawsuit

Iowa Supreme Court

The Iowa Supreme Court has sent an injured railroad worker’s lawsuit back to district court, giving BNSF Railway Co. a chance to reduce the $1.25 million verdict a jury awarded.

 

The court in a ruling posted Friday says the railroad should have been allowed to present evidence at trial about when railroad workers typically retire.

 

John Giza worked for the railroad for most of 40 years. He was thrown from a rail car, injuring his knee in 2009 when he was 59.

 

He qualified to retire at age 60 but says he intended to work until 66. He sought to recover lost wages for seven years of work remaining. The company says most railroad workers retire at 60 so Giza’s lost wages recover should be much less.

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