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BNSF Will File Appeal On $3.5 Million Verdict

(Kansas City, Missouri – November 8, 2011)

A contracted attorney for Burlington Northern Santa Fe Railway, R.B. Miller of Lathrop & Gage, indicated Monday his client’s plan to file post-trial motions seeking either a new trial or reduction in the $3.5 million damages a Jackson County, MO jury awarded a dump truck driver when he injured his back August 24, 2009.

The verdict found that Vincent Lago, who was part of a three-man crew doing repair work near Kansas City Union Station, was injured due to the negligence of a BNSF flagman in allowing a train to violate their work space.

Lago jumped out of his dump truck to escape the approaching train, injuring his back. Jackson County Judge Brent Powell said he would consider the motions before issuing his final judgment.