Last month a Minnesota jury returned a multi-million dollar judgment against Burlington Northern Santa Fe Railway in an eye opening wrongful death lawsuit. The wrongful death claim was filed by the families of four victims, Brian Frazier, Harry Rhoades, Bridgette Shannon and Corey Chase who were killed in the fatal Anoka crash in 2003.
The original investigation concluded that 20-year-old Frazier drove around the gates and into the path of the train. The evidence, however, suggested that the arms on North Ferry street malfunctioned.
The jury found that Burlington Northern Santa Fe Railway responsible because the crossing arms on North Ferry Street did not come down when the train approached. The families’ lawyers argued that the railroad hid evidence from investigators.
Christie Frazier, Brian’s mother stated, "[f]or four and a half years Burlington North Santa Fe has allowed us to believe that our son was driving the car, that he broke the law and went around the crossing arm and caused his own death and the death of his own friends"
The Anoka County District Court jury that rejected the Railroards findings that the victims tried to beat the train to the crossing. The jury determined Burlington Northern Santa Fe was 90 percent responsible for the crash and the driver was 10 percent responsible.
Burlington Northern Santa Fe Railway stated that they plan to appear the verdict and released the following statement:
Burlington Northern Santa Fe Railway's statement:
BNSF believes that the great weight of the evidence demonstrates that BNSF acted properly and that the occupants went around the gates and warning devices at this grade crossing. BNSF is disappointed with the verdict and while we have deep sympathy for the families of the victims of this tragic event, we believe the verdict should be reversed on appeal.
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