Judge Penalizes BNSF for Misconduct
In what I consider to be a justified corporate reprimand, Fort Worth based Burlington Northern Sante Fe was penalized by a judge in Minneapolis, Minnesota for hiding and lying about evidence. The penalty, called a sanction, was issued by the presiding judge who heard evidence in a case involving the death of four young people whose car collided with a BNSF train at a crossing. The judge found compelling evidence that Burlington Northern lost or fabricated evidence, interfered with the family’s investigation of the accident and lied or misrepresented facts to conceal the truth. Basically, all of the allegations of lying involve whether the crossing gate was working. Apparently at the trial, Burlington Northern tried to use fabricated evidence that the crossing gate was indeed working, when all other evidence pointed to the fact that the crossing gate was not working.
The amount of the sanction issued by the presiding judge was $4 million. That sanction will definitely be appealed by BNSF. However, I hope that the appellate courts will uphold the sanction because this kind of conduct is despicable. I hope that this new story is making the national news, even though it might only appear in our local papers as BNSF it is located here in Fort Worth. When corporate defendants do this type of shenanigans, they need to be punished. Our wonderful trial system only works if our jury can make decisions based upon the real truth. When companies start fabricating evidence, they should be punished. And they should be punished severely.
Information and commentary provided by Fort Worth Dallas Accident Attorney Mark A. Anderson, who can be contacted at 877 294 1115 or at www.maafirm.com.
