$4.2 millionVerdict

Judge Adds $4.2 Million in Sanctions After BNSF Destroys Evidence in Four-Death Crossing Crash

Verdict · Anoka County District Court, Minnesota · 2009

After trial: Sanctions award.

Won by Schwebel, Goetz & Sieben, P.A..

Following a $24 million wrongful-death jury verdict, Anoka County District Court Judge Ellen Maas imposed more than $4.2 million in additional sanctions against BNSF Railway for destroying evidence, fabricating records, and obstructing the investigation of a crash that killed four young people.

What happened

Shortly after 10 p.m. on September 26, 2003, a westbound BNSF freight train struck a car at the Ferry Street grade crossing in Anoka, Minnesota. All four occupants died: Brian Frazier, 20; Corey Chase, 20; Harry Rhoades Jr., 19; and Bridgette Shannon, 17. BNSF quickly blamed the driver, claiming the car had driven around activated warning gates to beat the train.

The families hired separate attorneys who coordinated their cases. Paul Godlewski of Schwebel, Goetz and Sieben represented the Chase family. Co-counsel Robert Pottroff, Sharon Van Dyck, and William Bongard represented the other three families. Together they argued BNSF had failed to maintain the crossing's signals and lights, and that at least three prior collisions at the same location had gone unaddressed.

The six-week liability and damages trial concluded in summer 2008. The jury found BNSF 90 percent causally negligent and the driver 10 percent at fault. It awarded $6 million to each family, a total of $24 million, which Minnesota Lawyer reported was the largest known wrongful-death verdict in state history for families of emancipated, unmarried adult children.

Judge Ellen Maas then took up BNSF's conduct during litigation. She found what she described as a pattern of misconduct beginning within minutes of the crash: the railroad lost a laptop containing locomotive event-recorder data and later produced a device with altered data; employees gave misleading depositions and affidavits; and company witnesses obstructed law-enforcement access to the accident site. The judge wrote that BNSF engaged in a "systematic exploitation of the civil-justice system of a pervasiveness seldom seen outside of John Grisham novels." In early 2009, she imposed $4,180,398.90 in sanctions, comprising attorney fees, litigation costs, and percentages of the liability award.

BNSF appealed. In September 2010, the Minnesota Court of Appeals affirmed the sanctions award but ordered a new liability trial, finding that the jury had received instructions on common-law negligence rather than the federal standard of care required by the Federal Railroad Safety Act. On March 28, 2012, the Minnesota Supreme Court reversed the Court of Appeals and reinstated the original $24 million verdict in full, along with the sanctions.

Sources

This account is drawn from contemporaneous public reporting and the court record.

More proven verdicts from Schwebel, Goetz & Sieben, P.A.

All Schwebel, Goetz & Sieben, P.A. proven verdicts →
$52.4 millionSettlementGroup recoveryWrongful DeathMN

James Schwebel represented 34 victims in a three-year lawsuit against engineering firm URS Corp, whose negligent inspection of the Minneapolis I-35W bridge preceded its August 2007 collapse, killing 13 people and injuring 145 others.

2010 · Hennepin County District Court, MinnesotaRead the full story →
$24 millionVerdictGroup recoveryWrongful DeathMN

A six-week Anoka County trial ended with a $24 million jury verdict against BNSF Railway after four young people died at a malfunctioning Ferry Street grade crossing in September 2003.

2008 · Anoka County District Court / Minnesota Supreme CourtRead the full story →
$5.33 millionVerdictCar AccidentsMN

A Hennepin County jury awarded $5.33 million after a Metro Transit bus driver closed the doors and pulled away while Christopher Swickard was approaching, causing the rear wheels to run over him and require amputation of his left leg below the knee.

2025 · Hennepin County District CourtRead the full story →
ConfidentialWrongful DeathMN

After a Federal Signal flasher on a Minneapolis police van disabled the brake-shift interlock and the van surged into a Holidazzle Parade crowd, killing two and injuring nine, James R. Schwebel and James S. Ballentine of Schwebel, Goetz and Sieben won a precedent-setting appeal holding that a self-insured municipality must pay no-fault benefits independent of the municipal tort liability cap.

2002 · Minnesota Court of Appeals / Minnesota Supreme CourtRead the full story →

Related wrongful death verdicts

$150.37 billionVerdictNot collectableTX

In December 2011, a Fayette County, Texas jury awarded the family of an 8-year-old Splendora boy $150.37 billion after he was doused with gasoline and set on fire by a 13-year-old neighbor in 1998, two weeks after the same neighbor sexually assaulted him. The boy survived third-degree burns over 99 percent of his body for nearly 13 years before dying in April 2011 of a skin cancer linked to his injuries. The defendant, Don Wilburn Collins, never appeared to answer the civil suit, and the jury awarded $370 million in actual damages plus roughly $150 billion in punitive damages, the largest civil verdict in U.S. history. Attorney Craig Sico, who represented the family, said from the outset that the judgment was not collectible and was intended to pressure prosecutors into reopening the long-dormant criminal case. Prosecutors did reopen the case, and Collins was later convicted of capital murder in a separate criminal proceeding.

Sico Hoelscher Harris LLP2011 · District Court, Fayette County, Texas (La Grange)Read the full story →
$23.6 billionVerdictReversed on appealFL

A Pensacola jury awarded Cynthia Robinson $23.6 billion in punitive damages against R.J. Reynolds over the 1996 lung cancer death of her 36-year-old husband, the largest single-plaintiff award of Florida's Engle tobacco litigation, but the trial judge called the number constitutionally excessive, an appeals court ordered a full retrial over improper closing arguments, and a second jury returned a complete defense verdict in 2019, so the estate ultimately collected nothing.

Gary, Williams, Parenti, Watson & Gary, P.L.L.C.2014 · First Judicial Circuit, Escambia County, FloridaRead the full story →
$13.5 billionSettlementGroup recoveryCA

Frantz Law Group, representing roughly 5,000 victims, helped negotiate a $13.5 billion PG&E bankruptcy settlement covering tens of thousands of survivors and families from the 2015 Butte, 2017 North Bay, and 2018 Camp wildfires.

Frantz Law Group2020 · U.S. Bankruptcy Court, Northern District of CaliforniaRead the full story →
$4.04 billionSettlementGroup recoveryHI

Leavitt, Yamane and Soldner represented Maui wildfire survivors and victims' families in the $4.037 billion global settlement resolving approximately 450 lawsuits arising from the August 2023 Lahaina fire.

Leavitt, Yamane & Soldner2024 · State and Federal Courts, Maui, HawaiiRead the full story →