Doyle Dennis Avery LLP Files Suit Against BNSF Railway for Failure to Provide a Safe Working Environment

On or about October 21, 2022, the client sustained injuries during their shift as a conductor for BNSF. While working in a yard located in Belen, New Mexico, it is alleged that BNSF improperly laid track ballast (rocks alongside rail tracks) where crewmembers were assigned to work. Allegedly, the yard was not maintained by BNSF to have proper footing, as BNSF had used road ballast instead of yard ballast. BNSF’s alleged failure to use appropriate and properly maintained ballast created walkway and footing hazards, which allegedly caused the client to suffer severe injuries to their ankle/foot.

            Doyle Dennis Avery LLP’s client is a hardworking and loyal conductor who has worked for BNSF Railway Company (“BNSF”) for nine years. Doyle Dennis Avery LLP filed this action due to BNSF’s negligence under the Federal Employers Liability Act (“FELA”). FELA is designed to protect the right of railroad employees injured, sickened or killed in the course of their employment. BNSF’s alleged failure to provide the client with a reasonable, safe place to work violates FELA, which allegedly caused and contributed to the client’s injuries.

            As a result of the client’s injuries and surgery to their ankle/foot, the client continues to experience pain, impairment, and difficulty sleeping. Before October 21, 2022, the client was a physically strong and healthy conductor; however, after being injured, it resulted in the client’s permanent physical impairment and ability to earn wages, among other damages.

            The client’s damages include past and future physical and mental pain and suffering, and physical disability and disfigurement, which will impact the client’s ability to work to earn wages and pay for past and future medical expenses which allegedly resulted from Union Pacific’s FELA Negligence and violation of Federal safety statutes and regulations that caused the client’s injuries and damages.