Congratulations to Matt Morgan and the law firm of Nichols Kaster for a hard-fought jury trial win in the neighboring Western District of Wisconsin last week (Madison, Wisconsin) for his client Mr. Michael Koziara.
The jury presumably concluded that the allegations in the complaint were true. The jury heard all the evidence so I think it is fair that we assume the same. So, Michael Koziara, a BNSF employee from 1978-2010, sustained a work-place injury when the tongs of a front-end loader caused a plank to be thrown in late 2010, breaking Mr. Koziara’s tibia (the “big bone” in the lower leg). In investigating the accident, BNSF concluded that Mr. Koziara lied about the cause of the injury and, as they were investigating him, they also decided to fire him for supposedly stealing scrap rail ties.
Again, crediting the allegations in plaintiff’s complaint, this basis for firing Mr. Koziara was fabricated in retaliation for Mr. Koziara making a work-place injury claim. BNSF was, in essence, charging Mr. Koziara with having stolen garbage, doubly silly because (a) removing useless scrap rail ties actually lowered BNSF disposal costs, and (b) apparently Mr. Koziara testified that he did, in fact, ask for permission to take away the garbage and he was given permission.
The jury awarded the plaintiff $175,724.64 in compensation for lost wages. The jury awarded the plaintiff $125,000 for the pain and suffering that he endured as a consequence of BNSF’s actions. And the jury awarded the plaintiff $125,000 in punitive damages. BNSF was represented by Bruce Jay Douglas, of the Ogletree Deakins firm. (In consolation to Mr. Douglas, one need only remember the wise words of many trial lawyers: “If you’ve never lost a case, you have not tried enough of them.”) So, how much is this going to cost BNSF?
$425,724.64? ($175,724.64 + $125,000 + $125,000)?
No. Probably, this is going to cost BNSF a boatload more than that. Under the Federal Rail Safety Act, damages “shall include” attorneys’ fees. Koziara’s lawsuit was filed in December, 2013 and there was some work over the years for which BNSF now will be tagged. There were quite a few depositions, motion practice, a summary judgment motion, and, of course, a trial. And then there’s costs and there’s interest….