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Curtis Rookaird v. Burlington Northern Santa Fe Railroad Company (BNSF)
Date: 05-28-2016
Case Number: 2:14-cv-00176-RSL
Judge: Robert S. Lasnik
Court: United States District Court for the Western District of Washington (King County)
Plaintiff's Attorney: Chris Bowman Brad Crosta, Bill Jungbauer
Defendant's Attorney: Gabriel Baker, Tim Wackerbarth, Andrew Yates
Description:
Seattle, WA - Former BNSF Employee Awarded $1.6 Million
Curtis Rookaird, a former Burlington Northern Santa Fe Railroad Company (BNSF) brakeman, sued BNSF on a wrongful termination theory claiming that he was fired for conducting a brake test over the objections of his supervisors. He conducted a braking check on a 42 train cars, many of which were "placarded hazardous tank cars."
After conducting the check, Rookaird called a BNSF hotline and contacted the Federal Railroad Administration to relay safety concerns.
BNSF denied fault and asserted that it takes whistle-blower allegations very seriously. It claimed that Rookaird was fired for insubordination that had nothing to do with his whistle-blowing.
Some recent court docket entries:
Date Filed # Docket Text
05/02/2016 181 Proposed Pretrial Order by Plaintiff Curtis Rookaird. (Bowman, Christopher) (Entered: 05/02/2016)
05/02/2016 182 DESIGNATION OF DEPOSITION TRANSCRIPT Filed by Plaintiff Curtis Rookaird. (Attachments: # 1 Exhibit Part 2 of 3, # 2 Exhibit Part 3 of 3)(Bowman, Christopher) (Entered: 05/02/2016)
05/02/2016 183 DESIGNATION OF DEPOSITION TRANSCRIPT Filed by Plaintiff Curtis Rookaird.(Bowman, Christopher) (Entered: 05/02/2016)
05/02/2016 184 DESIGNATION OF DEPOSITION TRANSCRIPT Filed by Plaintiff Curtis Rookaird.(Bowman, Christopher) (Entered: 05/02/2016)
05/02/2016 185 DECLARATION of Christopher W Bowman re 184 Designation of Deposition Transcript, 183 Designation of Deposition Transcript by Plaintiff Curtis Rookaird (Bowman, Christopher) (Entered: 05/02/2016)
05/03/2016 186 DECLARATION of Andrew G. Yates re 185 Declaration (non motion) by Defendant BNSF Railway Company (Yates, Andrew) (Entered: 05/03/2016)
05/04/2016 187 MOTION Allow Remote Testimony Pursuant to Fed. R. Civ. P. 43(a) by Plaintiff Curtis Rookaird. Oral Argument Requested. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) Noting Date 5/20/2016, (Bowman, Christopher) (Entered: 05/04/2016)
05/05/2016 188 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 1:30 p.m.; Courtroom: 15106; Pretrial Conference held on 5/5/2016. The Court and counsel discuss deposition designations. The deposition designations of Mr. Krich and Mr. Hurlburt are due by Monday, May 9, 2016. Trial briefs shall not exceed 30 pages. Counsel's request to use JEEPS is granted. The Court GRANTS Plaintiff's 187 MOTION to Allow Remote Testimony. The Court and counsel discuss length of trial, trial schedule, jury selection, voir dire procedure, witnesses, witness issues, and general trial procedure. The Court RESERVES IN PART AND DENIES IN PART Defendant's 169 MOTION to Bifurcate. An Order shall issue. The parties shall each submit a half page statement of the case for the Court's consideration. The parties are allowed 3 peremptory challenges per side, 30 minutes each for voir dire and 30 to 45 minutes for opening statements. (KERR) (Entered: 05/05/2016)
05/06/2016 189 RESPONSE, by Defendant BNSF Railway Company, to 171 MOTION for Reconsideration re 167 Order on Motion in Limine . (Yates, Andrew) (Entered: 05/06/2016)
05/09/2016 190 Proposed Voir Dire by Defendant BNSF Railway Company. (Wackerbarth, Tim) (Entered: 05/09/2016)
05/09/2016 191 DESIGNATION OF DEPOSITION TRANSCRIPT Filed by Plaintiff Curtis Rookaird.(Bowman, Christopher) (Entered: 05/09/2016)
05/09/2016 192 DESIGNATION OF DEPOSITION TRANSCRIPT Filed by Plaintiff Curtis Rookaird.(Bowman, Christopher) (Entered: 05/09/2016)
05/09/2016 193 Proposed Jury Instructions by Plaintiff Curtis Rookaird Joint Instructions (Attachments: # 1 Certificate of Service)(Bowman, Christopher) (Entered: 05/09/2016)
05/09/2016 194 Proposed Voir Dire by Plaintiff Curtis Rookaird. (Attachments: # 1 Certificate of Service)(Bowman, Christopher) (Entered: 05/09/2016)
05/09/2016 195 TRIAL BRIEF by Defendant BNSF Railway Company. (Yates, Andrew) (Entered: 05/09/2016)
05/09/2016 196 Proposed Jury Instructions by Defendant BNSF Railway Company (Joint Statement of Disputed Instructions) (Yates, Andrew) (Entered: 05/09/2016)
05/09/2016 197 TRIAL BRIEF by Plaintiff Curtis Rookaird. (Attachments: # 1 Certificate of Service)(Bowman, Christopher) (Entered: 05/09/2016)
05/10/2016 198 ORDER granting in part defendant's 169 Motion to Bifurcate by Judge Robert S. Lasnik.(RS) (Entered: 05/10/2016)
05/13/2016 199 ORDER Denying Plaintiff's 171 Motion for Reconsideration, by Judge Robert S. Lasnik. (KERR) (Entered: 05/13/2016)
05/13/2016 200 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference held on 5/5/2016 before Judge Robert S. Lasnik.
Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.
Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.
To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509.
Release of Transcript Restriction set for 8/11/2016, (AR) (Entered: 05/13/2016)
05/16/2016 201 ORDER ON ADMISSIBILITY OF OSHA'S FINDINGS AND PRELIMINARY ORDER AND PLB DECISION by Judge Robert S. Lasnik. (AD) (Entered: 05/16/2016)
05/16/2016 202 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial begun on 5/16/2016. The Court and counsel discuss pretrial matters. Jury empaneled. Preliminary instructions read to the jury. Counsel present opening statements. Plaintiff Curtis Rookaird is sworn and testifies. Jury Trial shall resume on Tuesday, 5/17/2016 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 05/16/2016)
05/16/2016 203 Jury Peremptory Challenges (KERR) (Entered: 05/16/2016)
05/17/2016 204 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial Day 2 held on 5/17/2016. The testimony of Curtis Rookaird resumes and concludes. Plaintiff's witnesses Peter Belanger, Ron Krich and Matt Webb are sworn and testify. Exhibits 3-6, 11, 60, 63-64, 169, 519-521, 523-524, 526, 532, 534-535, 537, 558-562, 588-589, 592, 594 and 621 are admitted into evidence. Jury Trial shall resume on Wednesday, 5/18/2016 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 05/17/2016)
05/18/2016 205 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial Day 3 held on 5/18/2016. The Court and counsel discuss pretrial matters. Defendant's witness Robert Johnson is sworn and testifies. Plaintiff's witnesses Dan Fortt, Stuart Gordon and Dane Freshour are sworn and testify. Exhibits 8, 162 (pages 1, 3, 12 and 19 only), 506, 546, 590 and 593 are admitted into evidence. Jury Trial shall resume on Thursday, 5/19/2016 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 05/18/2016)
05/19/2016 206 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial Day 4 held on 5/19/2016. Plaintiff's witnesses George Gavalla and Tony Schuurmans are sworn and testify. Exhibits 552 and 554 are admitted into evidence. Jury Trial shall resume on Monday, 5/23/2016 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 05/19/2016)
05/23/2016 207 BRIEF in Support of Proffer of PLB Award (DTX 545) by Defendant BNSF Railway Company (Yates, Andrew) (Entered: 05/23/2016)
05/23/2016 208 DECLARATION of Andrew G. Yates re 207 Brief by Defendant BNSF Railway Company (Yates, Andrew) (Entered: 05/23/2016)
05/23/2016 209 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial Day 5 held on 5/23/2016. Plaintiff's witnesses William Brandt and Kelly Rookaird are sworn and testify. Defendant's witnesses James Hurlburt and Heather Miller are sworn and testify. Exhibits 174-179, 182 and 183 are admitted for illustrative purposes only. Exhibits 32, 75 and 577 are admitted into evidence. Exhibits 568, 578-580 are taken under advisement. The Court directs plaintiff to file a brief statement of objections to the Court's draft jury instructions. Jury Trial shall resume on Tuesday, 5/24/2016 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 05/23/2016)
05/23/2016 210 OBJECTIONS to Court's 5/20/2016 Draft Jury Instructions by Plaintiff Curtis Rookaird (Bowman, Christopher) (Entered: 05/23/2016)
05/24/2016 211 BRIEF re Court's Proposed Jury Instructions by Defendant BNSF Railway Company (Wackerbarth, Tim) (Entered: 05/24/2016)
05/24/2016 212 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial Day 6 held on 5/24/2016. Defendant's witness Jeff Beck is sworn and testifies. Plaintiff rests. Defendant's witnesses Jason Ringstad, Brian Heikkila and Doug Jones are sworn and testify. Exhibits 36, 525, 529, 568, 579 and 622 are admitted into evidence. Subject to rulings on motions, the defendant rests. Jury excused until Wednesday, 5/24/2016 at 1:00 p.m. The Court and counsel discuss jury instructions. Motions for directed verdict and for judgment as a matter of law are denied. Jury Trial shall resume on Wednesday, 5/24/2016 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 05/24/2016)
05/24/2016 213 OBJECTIONS and Comments to Court's 5/24/2016 Draft Jury Instructions by Plaintiff Curtis Rookaird (Attachments: # 1 Exhibit A - Pl's Proposed Instruction No. 45, # 2 Exhibit B - Pl's Proposed Instruction No. 46)(Bowman, Christopher) (Entered: 05/24/2016)
05/25/2016 214 ORDER ON TYPE OF MOVEMENT by Judge Robert S. Lasnik. (AD) (Entered: 05/25/2016)
05/25/2016 215 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial Day 7 held on 5/25/2016. The Court and counsel discuss jury instructions. The Court hears argument on mitigation of damages. For reasons stated on the record, the Court will not submit the mitigation defense to the jury. Exceptions to the Court's jury instructions are noted for the record. Counsel verify admitted exhibits for the record. The Court instructs the jury. Counsel present closing arguments. At 3:25 p.m., the jury commences deliberations. At 4:15 p.m., the jury is excused to return on 5/26/2016 at 8:30 a.m., to resume deliberations. (KERR) (Entered: 05/25/2016)
05/25/2016 216 COURT'S INSTRUCTIONS TO THE JURY (KERR) (Entered: 05/26/2016)
05/26/2016 217 TRIAL WITNESS LIST (KERR) (Entered: 05/26/2016)
05/26/2016 218 TRIAL EXHIBIT LIST (KERR) (Entered: 05/26/2016)
05/26/2016 219 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 8:30 a.m.; Courtroom: 15106; Jury Trial completed on 5/26/2016. At 8:30 a.m., the jury returns and resumes deliberations. At 2:20 p.m., the jury returns with a verdict for plaintiff. The jury is polled and excused. The Court and counsel discuss the punitive damages phase. The jury returns. The Court instructs the jury on punitive damages. Exhibits 108-110 are admitted into evidence. Counsel present arguments. At 3:10 p.m., the jury resumes deliberations. At 3:40 p.m., the jury returns with a verdict in favor of plaintiff. The jury is polled, thanked and excused.The Court and counsel discuss post verdict motions. Exhibits returned to counsel. (KERR) (Entered: 05/26/2016)
05/26/2016 220 AMENDED TRIAL EXHIBIT LIST (KERR) (Entered: 05/26/2016)
05/26/2016 221 JURY VERDICT (KERR) (Entered: 05/26/2016)
05/26/2016 222 JURY INSTRUCTION REGARDING PUNITIVE DAMAGES (KERR) (Entered: 05/26/2016)
05/26/2016 223 JURY VERDICT REGARDING PUNITIVE DAMAGES (KERR) (Entered: 05/26/2016)
05/27/2016 224 JUDGMENT BY JURY; Judgment is entered against defendant and in favor of plaintiff for past earnings in the amount of $420,249, for future earnings in the amount of $467,660, for mental and/or emotional distress in the amount of $558,400, and for punitive damages in the amount of $200,000 for a total amount of $1,646,309. (AD) (Entered: 05/27/2016)
Curtis Rookaird, a former Burlington Northern Santa Fe Railroad Company (BNSF) brakeman, sued BNSF on a wrongful termination theory claiming that he was fired for conducting a brake test over the objections of his supervisors. He conducted a braking check on a 42 train cars, many of which were "placarded hazardous tank cars."
After conducting the check, Rookaird called a BNSF hotline and contacted the Federal Railroad Administration to relay safety concerns.
BNSF denied fault and asserted that it takes whistle-blower allegations very seriously. It claimed that Rookaird was fired for insubordination that had nothing to do with his whistle-blowing.
Some recent court docket entries:
Date Filed # Docket Text
05/02/2016 181 Proposed Pretrial Order by Plaintiff Curtis Rookaird. (Bowman, Christopher) (Entered: 05/02/2016)
05/02/2016 182 DESIGNATION OF DEPOSITION TRANSCRIPT Filed by Plaintiff Curtis Rookaird. (Attachments: # 1 Exhibit Part 2 of 3, # 2 Exhibit Part 3 of 3)(Bowman, Christopher) (Entered: 05/02/2016)
05/02/2016 183 DESIGNATION OF DEPOSITION TRANSCRIPT Filed by Plaintiff Curtis Rookaird.(Bowman, Christopher) (Entered: 05/02/2016)
05/02/2016 184 DESIGNATION OF DEPOSITION TRANSCRIPT Filed by Plaintiff Curtis Rookaird.(Bowman, Christopher) (Entered: 05/02/2016)
05/02/2016 185 DECLARATION of Christopher W Bowman re 184 Designation of Deposition Transcript, 183 Designation of Deposition Transcript by Plaintiff Curtis Rookaird (Bowman, Christopher) (Entered: 05/02/2016)
05/03/2016 186 DECLARATION of Andrew G. Yates re 185 Declaration (non motion) by Defendant BNSF Railway Company (Yates, Andrew) (Entered: 05/03/2016)
05/04/2016 187 MOTION Allow Remote Testimony Pursuant to Fed. R. Civ. P. 43(a) by Plaintiff Curtis Rookaird. Oral Argument Requested. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) Noting Date 5/20/2016, (Bowman, Christopher) (Entered: 05/04/2016)
05/05/2016 188 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 1:30 p.m.; Courtroom: 15106; Pretrial Conference held on 5/5/2016. The Court and counsel discuss deposition designations. The deposition designations of Mr. Krich and Mr. Hurlburt are due by Monday, May 9, 2016. Trial briefs shall not exceed 30 pages. Counsel's request to use JEEPS is granted. The Court GRANTS Plaintiff's 187 MOTION to Allow Remote Testimony. The Court and counsel discuss length of trial, trial schedule, jury selection, voir dire procedure, witnesses, witness issues, and general trial procedure. The Court RESERVES IN PART AND DENIES IN PART Defendant's 169 MOTION to Bifurcate. An Order shall issue. The parties shall each submit a half page statement of the case for the Court's consideration. The parties are allowed 3 peremptory challenges per side, 30 minutes each for voir dire and 30 to 45 minutes for opening statements. (KERR) (Entered: 05/05/2016)
05/06/2016 189 RESPONSE, by Defendant BNSF Railway Company, to 171 MOTION for Reconsideration re 167 Order on Motion in Limine . (Yates, Andrew) (Entered: 05/06/2016)
05/09/2016 190 Proposed Voir Dire by Defendant BNSF Railway Company. (Wackerbarth, Tim) (Entered: 05/09/2016)
05/09/2016 191 DESIGNATION OF DEPOSITION TRANSCRIPT Filed by Plaintiff Curtis Rookaird.(Bowman, Christopher) (Entered: 05/09/2016)
05/09/2016 192 DESIGNATION OF DEPOSITION TRANSCRIPT Filed by Plaintiff Curtis Rookaird.(Bowman, Christopher) (Entered: 05/09/2016)
05/09/2016 193 Proposed Jury Instructions by Plaintiff Curtis Rookaird Joint Instructions (Attachments: # 1 Certificate of Service)(Bowman, Christopher) (Entered: 05/09/2016)
05/09/2016 194 Proposed Voir Dire by Plaintiff Curtis Rookaird. (Attachments: # 1 Certificate of Service)(Bowman, Christopher) (Entered: 05/09/2016)
05/09/2016 195 TRIAL BRIEF by Defendant BNSF Railway Company. (Yates, Andrew) (Entered: 05/09/2016)
05/09/2016 196 Proposed Jury Instructions by Defendant BNSF Railway Company (Joint Statement of Disputed Instructions) (Yates, Andrew) (Entered: 05/09/2016)
05/09/2016 197 TRIAL BRIEF by Plaintiff Curtis Rookaird. (Attachments: # 1 Certificate of Service)(Bowman, Christopher) (Entered: 05/09/2016)
05/10/2016 198 ORDER granting in part defendant's 169 Motion to Bifurcate by Judge Robert S. Lasnik.(RS) (Entered: 05/10/2016)
05/13/2016 199 ORDER Denying Plaintiff's 171 Motion for Reconsideration, by Judge Robert S. Lasnik. (KERR) (Entered: 05/13/2016)
05/13/2016 200 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference held on 5/5/2016 before Judge Robert S. Lasnik.
Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.
Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.
To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509.
Release of Transcript Restriction set for 8/11/2016, (AR) (Entered: 05/13/2016)
05/16/2016 201 ORDER ON ADMISSIBILITY OF OSHA'S FINDINGS AND PRELIMINARY ORDER AND PLB DECISION by Judge Robert S. Lasnik. (AD) (Entered: 05/16/2016)
05/16/2016 202 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial begun on 5/16/2016. The Court and counsel discuss pretrial matters. Jury empaneled. Preliminary instructions read to the jury. Counsel present opening statements. Plaintiff Curtis Rookaird is sworn and testifies. Jury Trial shall resume on Tuesday, 5/17/2016 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 05/16/2016)
05/16/2016 203 Jury Peremptory Challenges (KERR) (Entered: 05/16/2016)
05/17/2016 204 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial Day 2 held on 5/17/2016. The testimony of Curtis Rookaird resumes and concludes. Plaintiff's witnesses Peter Belanger, Ron Krich and Matt Webb are sworn and testify. Exhibits 3-6, 11, 60, 63-64, 169, 519-521, 523-524, 526, 532, 534-535, 537, 558-562, 588-589, 592, 594 and 621 are admitted into evidence. Jury Trial shall resume on Wednesday, 5/18/2016 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 05/17/2016)
05/18/2016 205 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial Day 3 held on 5/18/2016. The Court and counsel discuss pretrial matters. Defendant's witness Robert Johnson is sworn and testifies. Plaintiff's witnesses Dan Fortt, Stuart Gordon and Dane Freshour are sworn and testify. Exhibits 8, 162 (pages 1, 3, 12 and 19 only), 506, 546, 590 and 593 are admitted into evidence. Jury Trial shall resume on Thursday, 5/19/2016 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 05/18/2016)
05/19/2016 206 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial Day 4 held on 5/19/2016. Plaintiff's witnesses George Gavalla and Tony Schuurmans are sworn and testify. Exhibits 552 and 554 are admitted into evidence. Jury Trial shall resume on Monday, 5/23/2016 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 05/19/2016)
05/23/2016 207 BRIEF in Support of Proffer of PLB Award (DTX 545) by Defendant BNSF Railway Company (Yates, Andrew) (Entered: 05/23/2016)
05/23/2016 208 DECLARATION of Andrew G. Yates re 207 Brief by Defendant BNSF Railway Company (Yates, Andrew) (Entered: 05/23/2016)
05/23/2016 209 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial Day 5 held on 5/23/2016. Plaintiff's witnesses William Brandt and Kelly Rookaird are sworn and testify. Defendant's witnesses James Hurlburt and Heather Miller are sworn and testify. Exhibits 174-179, 182 and 183 are admitted for illustrative purposes only. Exhibits 32, 75 and 577 are admitted into evidence. Exhibits 568, 578-580 are taken under advisement. The Court directs plaintiff to file a brief statement of objections to the Court's draft jury instructions. Jury Trial shall resume on Tuesday, 5/24/2016 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 05/23/2016)
05/23/2016 210 OBJECTIONS to Court's 5/20/2016 Draft Jury Instructions by Plaintiff Curtis Rookaird (Bowman, Christopher) (Entered: 05/23/2016)
05/24/2016 211 BRIEF re Court's Proposed Jury Instructions by Defendant BNSF Railway Company (Wackerbarth, Tim) (Entered: 05/24/2016)
05/24/2016 212 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial Day 6 held on 5/24/2016. Defendant's witness Jeff Beck is sworn and testifies. Plaintiff rests. Defendant's witnesses Jason Ringstad, Brian Heikkila and Doug Jones are sworn and testify. Exhibits 36, 525, 529, 568, 579 and 622 are admitted into evidence. Subject to rulings on motions, the defendant rests. Jury excused until Wednesday, 5/24/2016 at 1:00 p.m. The Court and counsel discuss jury instructions. Motions for directed verdict and for judgment as a matter of law are denied. Jury Trial shall resume on Wednesday, 5/24/2016 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) (Entered: 05/24/2016)
05/24/2016 213 OBJECTIONS and Comments to Court's 5/24/2016 Draft Jury Instructions by Plaintiff Curtis Rookaird (Attachments: # 1 Exhibit A - Pl's Proposed Instruction No. 45, # 2 Exhibit B - Pl's Proposed Instruction No. 46)(Bowman, Christopher) (Entered: 05/24/2016)
05/25/2016 214 ORDER ON TYPE OF MOVEMENT by Judge Robert S. Lasnik. (AD) (Entered: 05/25/2016)
05/25/2016 215 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 9:00 a.m.; Courtroom: 15106; Jury Trial Day 7 held on 5/25/2016. The Court and counsel discuss jury instructions. The Court hears argument on mitigation of damages. For reasons stated on the record, the Court will not submit the mitigation defense to the jury. Exceptions to the Court's jury instructions are noted for the record. Counsel verify admitted exhibits for the record. The Court instructs the jury. Counsel present closing arguments. At 3:25 p.m., the jury commences deliberations. At 4:15 p.m., the jury is excused to return on 5/26/2016 at 8:30 a.m., to resume deliberations. (KERR) (Entered: 05/25/2016)
05/25/2016 216 COURT'S INSTRUCTIONS TO THE JURY (KERR) (Entered: 05/26/2016)
05/26/2016 217 TRIAL WITNESS LIST (KERR) (Entered: 05/26/2016)
05/26/2016 218 TRIAL EXHIBIT LIST (KERR) (Entered: 05/26/2016)
05/26/2016 219 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: William Jungbauer, Christopher Bowman and Bradley Crosta; Def Counsel: Tim Wackerbarth and Andrew Yates; CR: Andrea Ramirez; Time of Hearing: 8:30 a.m.; Courtroom: 15106; Jury Trial completed on 5/26/2016. At 8:30 a.m., the jury returns and resumes deliberations. At 2:20 p.m., the jury returns with a verdict for plaintiff. The jury is polled and excused. The Court and counsel discuss the punitive damages phase. The jury returns. The Court instructs the jury on punitive damages. Exhibits 108-110 are admitted into evidence. Counsel present arguments. At 3:10 p.m., the jury resumes deliberations. At 3:40 p.m., the jury returns with a verdict in favor of plaintiff. The jury is polled, thanked and excused.The Court and counsel discuss post verdict motions. Exhibits returned to counsel. (KERR) (Entered: 05/26/2016)
05/26/2016 220 AMENDED TRIAL EXHIBIT LIST (KERR) (Entered: 05/26/2016)
05/26/2016 221 JURY VERDICT (KERR) (Entered: 05/26/2016)
05/26/2016 222 JURY INSTRUCTION REGARDING PUNITIVE DAMAGES (KERR) (Entered: 05/26/2016)
05/26/2016 223 JURY VERDICT REGARDING PUNITIVE DAMAGES (KERR) (Entered: 05/26/2016)
05/27/2016 224 JUDGMENT BY JURY; Judgment is entered against defendant and in favor of plaintiff for past earnings in the amount of $420,249, for future earnings in the amount of $467,660, for mental and/or emotional distress in the amount of $558,400, and for punitive damages in the amount of $200,000 for a total amount of $1,646,309. (AD) (Entered: 05/27/2016)
Outcome:
Judgment is entered against defendant and in favor of plaintiff for past earnings in the amount of $420,249, for future earnings in the amount of $467,660, for mental and/or emotional distress in the amount of $558,400, and for punitive damages in the amount of $200,000 for a total amount of $1,646,309. (AD) (Entered: 05/27/2016)
Plaintiff's Experts:
Defendant's Experts:
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About This Case
What was the outcome of Curtis Rookaird v. Burlington Northern Santa Fe Railroad ...?
The outcome was: Judgment is entered against defendant and in favor of plaintiff for past earnings in the amount of $420,249, for future earnings in the amount of $467,660, for mental and/or emotional distress in the amount of $558,400, and for punitive damages in the amount of $200,000 for a total amount of $1,646,309. (AD) (Entered: 05/27/2016)
Which court heard Curtis Rookaird v. Burlington Northern Santa Fe Railroad ...?
This case was heard in United States District Court for the Western District of Washington (King County), WA. The presiding judge was Robert S. Lasnik.
Who were the attorneys in Curtis Rookaird v. Burlington Northern Santa Fe Railroad ...?
Plaintiff's attorney: Chris Bowman Brad Crosta, Bill Jungbauer. Defendant's attorney: Gabriel Baker, Tim Wackerbarth, Andrew Yates.
When was Curtis Rookaird v. Burlington Northern Santa Fe Railroad ... decided?
This case was decided on May 28, 2016.