Jury awards Trainman $1.7 million for cumulative trauma knee injury

On Friday, September 29, 2006 a Tarrant County (Ft. Worth) Jury awarded, Trainman Tommy Brunson $1,734,409.00 to compensate him for a cumulative trauma injury to his left knee. This is the first known case tried against the BNSF for a cumulative trauma knee injury and the largest known verdict for this type of injury ever!

Tommy hired out in 1971 in yard service in Lubbock, Texas and worked in train service until January 11, 2005. He was required to get on and off moving equipment from 1971 until 1993. The former ATSF stopped the practice of getting on and off moving equipment in 1993.

In March of 2003 he began having knee pain and underwent arthroscopic surgery to repair the knee. He was able to return to work and did so until January 11, 2005 when he slipped off a crosstie while trying to open a knuckle.

He underwent a second arthroscopic procedure in February 2005 which was not helpful. In November 2005 he had his knee replaced. He cannot return to his old job at the railroad.

During trial the BNSF argued that Tommy simply had osteoarthritis and that was the cause of his knee problem. However, we were able to prove that repetitive trauma (getting on and off moving trains) was a major cause of his osteoarthritis. We were also able to prove, through the BN's own studies that the body forces caused by getting off a train going 8 mph puts approximately 3000 pounds of force on the joints. This is a lot when you think that a fellow will get on and off moving equipment thousands of time in a career. That will certainly wear out a knee over time.

We also know from the studies that were done that getting on moving equipment will wear out shoulders and cause rotator cuff tears. The G forces from getting on as well as riding cars to a joint will wear out ones shoulder.

We were certainly proud to represent Tommy. Tommy served as a Local Chairman and Secretary Treasurer for the Union for over 20 years.

This verdict should send a strong message to the BNSF and the railroad industry that it cannot wear out a worker and then simply send him to the scrap yard like a wore out engine!

Thanks to all of you who came forward with old ATSF rule books, timetables, circulars and video regarding the practice of getting on and off moving equipment. The information you provided was great! As you could guess, the BNSF said it did not have any of the former ATSF information about this subject.