picture-577-1354631668.jpg

BNSF Challenges Lawsuit From Engineer of Exploding Train Who Ran For His Life

Burlington Northern Santa Fe (BNSF) has responded defensively to the oil-by-rail lawsuit filed by former BNSF locomotive engineer Bryan Thompson, a case recently reported on by DeSmogBlog.

BNSF — the top rail carrier of oil obtained via hydraulic fracturing (“fracking”) in North Dakota's Bakken Shale basin — denied all charges. The company also argued that some federal laws protect the company from liability for injuries allegedly suffered by Thompson. 

The  Answer to the Complaint signals the likelihood of a protracted legal battle ahead. Lee A. Miller, a Minneapolis, Minnesota-based attorney representing BNSF against Thompson, filed the company's response in Cass County, North Dakota. 

Miller argued that the damages allegedly suffered by Thompson — which include Post-Traumatic Stress Disorder (PTSD) from living through and running away from the December 2013 Casselton, North Dakota oil train explosion — were “caused or contributed to by Plaintiff's own contributory or sole fault.”

He also argued that the explosion occurred due to “unknown causes for which BNSF is not responsible” and “are the result of acts or omissions of persons, entities, or corporations other than BNSF…over whom” they have “no control or right to control at the time of the alleged incident.”

Image Credit: State of North Dakota District Court; East Central Judicial District

 
 
Go to IA State Page
Category: 
origin Blog: 
origin Author: 
Comments Count: 
0
Showing 0 comments