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Robert L. Pottroff

Robert L. Pottroff

Manhattan, Kansas
Lead Attorney
Phone (785) 539-4656
Fax (785) 539-1750

Professional Information

Robert L. Pottroff is the managing partner of Pottroff Law Office, P.A., in Manhattan, Kansas, where he has practiced law since 1979. Though he is well qualified to practice law in many fields, Mr. Pottroff has chosen to limit his practice to railroad law. His leadership and perseverance over the last two decades have had an immeasurable impact on railroad safety in the United States.

Mr. Pottroff is an outspoken advocate for the rights of victims and a proponent of railroad safety. He has been invited to speak throughout the U.S. and internationally. Mr. Pottroff is an active member of the American Association for Justice and the Kansas Association for Justice. He has been inducted into the American College of Trial Lawyers and recognized in Super Lawyers magazine for his excellence in litigation. Mr. Pottroff€™s involvement in railroad litigation dates back to the 1980s, but space does not permit an exhaustive account of all his contributions in this area of law. Since the millennium alone, his accomplishments are unparalleled.

Mr. Pottroff was invited to participate in the Shanklin v. Norfolk Southern case, which was case pending before the U.S. Supreme Court. In January 2000, he filed an Amicus Curiae brief with the U.S. Supreme Court on behalf of victims from all across the United States. Subsequently, in March 2000, Mr. Pottroff appeared on CNN in a Charles Bierbauer interview, €œRailroad Safety at a Crossroads.€ Later that year, at the International Symposium on Railroad-Highway Grade Crossing Research and Safety, he warned states of their accountability for public safety in his presentation entitled, €œStates Beware: Shanklin Places Responsibility on You.€ In that same year, Mr. Pottroff organized the National Railroad Safety Coalition by bringing together victims of railroad accidents and transforming them into a survivors€™ network with a unified voice promoting rail safety.

Bob Pottroff working hard as usualIn 2001, Mr. Pottroff was appointed to chair the Railroad Legislative Action Committee for the American Association for Justice. In that role, he drafted model legislation and began a long term commitment to fight for legislative change on a national level. During 2001 and 2002, Mr. Pottroff took aim at the railroad industry€™s long standing practice of systematically destroying evidence in accidents where members of the public suffered serious injuries or death. Three verdicts in the span of just over one year resulted in courts condemning this practice and juries awarding verdicts in excess of $40 Million: Stevenson v. Union Pacific Railroad ($2M); Barber v. Union Pacific Railroad ($30+M); and Morris v. Union Pacific Railroad ($8M). This series of cases caught the attention of Walt Bogdanich of the New York Times, who was doing research for a series of stories on railroad safety. The series ultimately won Walt Bogdanich the Pulitzer Prize and Mr. Pottroff the satisfaction of knowing his work in the courtroom and with Mr. Bogdanich would bring about change in the railroad industry.

In 2003, Lewis Laska, publisher and editor of the FELA Reporter and Railroad Liability Monitor, wrote that €œ[Mr. Pottroff] is simply the best railroad crossing lawyer in the United States.€ In a 2004 brief filed with the U.S. Supreme Court, the Union Pacific Railroad advised that Mr. Pottroff€™s verdict against them in Barber v. UPRR €œis by far the largest punitive damages award ever upheld by an American court in a railroad grade crossing case.€ In late 2004, the New York Times and The Discovery Channel joint ventured a one-hour documentary called, €œTrouble on the Tracks.€ This documentary featured Mr. Pottroff in his battle for public safety at railroad crossings. In 2005, Mr. Pottroff was presented the Consumer Advocate Award for the landmark case of Ryan v. Koehler International, Inc.

Mr. Pottroff€™s article, €œPerilous Crossings,€ was published in Trial Magazine in April 2006. The article examines the need for attorneys to utilize both state laws and federal regulations to defend clients€™ rights in railway crossing accident cases. Throughout 2006 and 2007, Mr. Pottroff served as president of the Kansas Association for Justice. In August of 2007, Congress adopted and President Bush signed into law the 2007 Preemption Clarification Amendment that overturned federal cases which denied citizens their right to hold negligent railroads accountable for damages in court. On June 13, 2008, an Anoka, Minnesota jury handed down a $24 Million verdict against the Burlington Northern Santa Fe Railroad. Mr. Pottroff was brought into this case to represent the families of four young adults killed in a railroad accident.

Following the tragic Chatsworth, California Metrolink train crash that killed 26 people and hospitalized over 140 others on September 12, 2008, Mr. Pottroff has worked with Congressman James Oberstar, the Chairman of the Transportation Committee, concerning extensive rail safety legislation in the House and Senate. In late 2008, Oberstar led the effort in the House to pass The Passenger Rail Investment and Improvement Act of 2008 and the Rail Safety Improvement Act of 2008. These Acts increased funding for Amtrak over the next five years and required new safety measures deigned to reduce crashes through the use of available technology.

On October 15, 2009 in Chase v. BNSF, the District Court Judge Ellen Maas of Anoka County, Minnesota issued orders imposing sanctions, fees and costs against the Burlington Northern Santa Fe Railroad of approximately $4,500,000. The Court pointed out a €œstaggering€ pattern of misconduct. Also, the Court recognized the determined effort of Bob Pottroff and his co-counsel in holding this railroad accountable for the misconduct. Stating that: €œIt was only through the dogged determination of Plaintiffs€™ counsel and through their repeated and costly motions to compel discovery, that this Court began to see a pattern of behavior on the part of BNSF that raised serious questions about the intentions and veracity of BNSF regarding its handling of critical evidence in this case.€ This extraordinary case has been well chronicled in the Minneapolis Star Tribune, which has covered the journey all the way through the appellate courts that ultimately upheld the record setting verdict and sanctions in 2012.

In 2010 Mr. Pottroff joined forces with Mary Alexander of San Francisco to investigate an accident that claimed the life of 15-year-old Anthony Rea under circumstances that his young friends described as a signal failure. Caltrain and Amtrak denied the malfunction, blamed the victim and attempted to discredit the stories of his friends who saw the accident. Again, through sheer determination, Mr. Pottroff was able to uncover concealed evidence that established the truth about the fatal signal failure. This determined effort allowed the family to obtain the closure they so desperately needed.

In October and November of 2012, Mr. Pottroff was engaged in jury trial in Gaston County, NC. This trial involved the death of two women killed at a crossing with a long history of unresolved signal malfunctions. During the trial, Pottroff convinced the Court that evidence was being concealed and the Court ordered the Norfolk Southern Railroad corporate representative to turn over his laptop computer for forensic examination during trial. Thereafter, the railroad admitted that there was evidence on that computer which had been previously withheld. This evidence exposed the railroad€™s cover-up. As Pottroff brought the railroad€™s misconduct to light, the case immediately settled. Two more families obtained the closure they needed.

On November 15, 2012, the Hunt for Heroes Parade in Midland, Texas was struck by a Union Pacific Railroad train. This high profile case has shed light on serious problems with the deregulation of railroads. Prior to 2012 the Union Pacific Railroad and gradually increased its train speeds through Midland, Texas. Its self-imposed maximum speed limit of 79 mph was in open defiance of the city’s ordinance restricting train speeds to a maximum of 25 mph. During the same period of time the railroad also made an unauthorized reduction in the warning time that it’s signal system was supposed to provide. In addition to the intentional reduction of warning time by design, the railroad also installed defective circuits which caused the warning time to be reduced even further. The defective signal system was allowed to operate for seven years before this tragedy. After this disaster the railroad immediately denied the existence of the defect in its circuits, concealed evidence of signal malfunctions, provided false information to investigators and destroyed critical evidence. The federal regulators who investigated the crash allowed the railroad to do its own post-accident testing, excluded the veterans from participating the investigation and issued a report based upon false information that came directly from the Union Pacific Railroad.

After two years of intense litigation Pottroff and his team was able to uncover evidence that the railroad had known about the defective signals long before the crash and done nothing to fix the problem. In early 2015 all the claims made by clients of Mr. Pottroff were settled.

Mr. Pottroff has worked tirelessly to unveil the wrongdoings of railroad companies from coast to coast by lecturing frequently and co-counseling with other attorneys who seek his help. He has worked on cases in numerous states including Alabama, Arizona, Arkansas, California, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, Nebraska, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Vermont, Washington, West Virginia and Wisconsin.

Professional Goals

Robert L. Pottroff is a firm believer that trial lawyers have a unique opportunity to improve the world around us. His lectures challenge every trial lawyer to take this duty seriously. His most gratifying work as a trial lawyer involves representation of injured people and fighting to protect their rights. Over the last two decades, he has been engaged in a protracted battle with the railroad industry over issues of public safety. One such public safety issue is the needless occurrence of death and disabling injuries suffered in preventable accidents. A vast majority of Mr. Pottroff’s time is spent representing victims of these tragedies and their families. His battle with railroads will persist as long as the rail industry continues to ignore its responsibility for public safety.

Year Joined Organization:

  • 1980

Areas of Practice:

  • Railroad Law
  • Brain Injuries
  • Personal Injury Litigation

Bar Admissions:

  • Kansas, 1979
  • U.S. District Court District of Kansas, 1979
  • U.S. Court of Appeals 10th Circuit, 1990
  • U.S. Court of Appeals 8th Circuit U.S. Supreme Court, 1991

Education:

  • University of Kansas School of Law, Lawrence, Kansas, 1979
    J.D.
  • Kansas State University, Manhattan, KS, USA, 1975
    B.S.
  • Honors: Cum Laude

Representative Cases:

  • Nero v. Kansas State University, 253 Kan. 567, 861 P.2d 768
  • Vetter v. Morgan, 22 Kan.App.2d 1, 913 P.2d 1200 (1995)
  • State v. Huser, 265 Kan. 228, 959 P.2d 908 (1998)
  • Manhattan v. Huncovsky, 22 Kan.App.2d 189, 913 P.2d 227 (1996)
  • In the Matter of the Adoption of S.E.B., 257 Kan. 266, 891 P.2d 440 (1995)
  • Hill & Co., Inc. v. O’Malley, 15 Kan.App.2d 709, 817 P.2d 660 (1991)
  • State v. Adee, 241 Kan. 825, 740 P.2d 611 (1987)
  • Roe v. Diefendorf,, 236 Kan. 218, 689 P.2d 855 (1984)
  • State v. Johnson, 233 Kan. 981, 666 P.2d 706 (1983)

Classes/Seminars Taught:

Mr. Pottroff has been invited to lecture at state trial lawyer associations across the country. His expertise in railroad law is no secret among his peers, and many have called upon him to share his experience.

  • Railroad Litigation, Absolute Litigator’s Conference in Las Vegas, NV, 2007 – Present
  • Railroad Law, PESI Fantasy Camp for Lawyers in Taos, NM, April 24, 2007 – Present
  • American Association for Justice, July 16, 2007 – July 18, 2007

Honors and Awards:

  • Million Dollar Advocates Forum
  • Fellow, Kansas Bar Association
  • Martindale-Hubbell Peer Review Rating of ‘AV’ (highest possible rating)
  • Missouri-Kansas Super Lawyers 2006

Professional Associations and Memberships:

  • Kansas Bar Association
    Member
  • American Bar Association
    Member
  • Kansas Trial Lawyers Association, 2006 – Present
    President
  • Oklahoma Trial Lawyers Association
    Member
  • Kansas Trial Lawyers Association Eagles Group
    Barrister
  • Association of Trial Lawyers of America
    Sustaining Member
  • Association of Trial Lawyers of America
    Member, Traumatic Brain Injury
  • Litigation Group Association of Trial Lawyers of America, Railroad Law Section
    Member
  • Association of Trial Lawyers of America
    Member, Railroad Litigation Group
  • Brain Injury Association
    Member
  • Association for Transportation Law, Logistics and Policy
    Member
  • Riley County Bar Association
    Member
  • Riley County Bar Association, 1986 – 1987
    Secretary-Treasurer
  • American College of Trial Lawyers, 2006 – Present
    Member

Past Employment Positions:

  • Manhattan, Kansas, Assistant City Attorney, 1981 – 1988
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