BNSF admits 'bad conduct' in suit over Anoka crash

Under questioning by the Minnesota Supreme Court, an attorney for Burlington Northern Santa Fe Corp. publicly acknowledged Thursday that the company's "bad conduct" played a role in a judge's decision to impose $4.2 million in penalties against the railroad in a controversial court case arising from a 2003 train accident in Anoka.

But attorney Sam Hanson maintained the railroad's actions do not make it liable for the deaths of four young people, who were killed when their car collided with a BNSF train.

BNSF is appealing a $21.6 million jury award to the victims' families. Last fall, the Minnesota Court of Appeals ruled the case must be retried because jurors were allowed to use the wrong legal standard in holding the railroad responsible for the crash.

However, the appeals panel agreed that Washington County Judge Ellen Maas did not abuse her discretion in handing out $4.2 million in sanctions against the railroad for abusing the legal process. In 2009, Maas found the railroad lost or fabricated evidence, interfered with the families' investigation of the accident and "knowingly advanced lies, misleading facts and/or misrepresentations."

As a packed room listened to the debate in front of Minnesota's highest court, Judge Paul Anderson told Hanson he was "bothered" by the railroad's misconduct.

Said Anderson, "I'm telling you, flat out, I see a big hurdle" to the railroad's appeal.

Hanson's response: "We stand here now with that bad conduct acknowledged."

"What are we to do with the fact that Burlington Northern either agreed or acquiesced to the instruction?" asked Justice Alan Page.

Hanson disputed that characterization, calling the railroad's response to the instructions "a non-objection."

Page also wanted the families' attorneys to address the issue. "You suggest that was a tactical decision," Page said. "What is your basis for that?"

In its petition to the Supreme Court, the families argued that the appeals court ruling should be overturned because BNSF neglected to ask Maas to use the appropriate legal standard when issuing her jury instructions.

BNSF said that the jury instructions at the center of the dispute were proposed by the families' attorneys and that the railroad consistently requested that Maas abide by federal law.

The accident occurred on the night of Sept. 26, 2003. A westbound freight train traveling at 59 miles per hour collided with Brian Frazier's Chevrolet Cavalier as it crossed the tracks just after 10 p.m. on Ferry Street in Anoka. Burlington Northern said the driver ignored a warning signal and tried to beat the crossing gate. Attorneys for the families said the crossing gate wasn't working properly.

Killed in the crash were Frazier, 20, of Ham Lake; Bridgette Shannon, 17, of Ramsey; Corey Chase, 20, of Coon Rapids, and Harry Rhoades Jr., 19, of Blaine. Shannon was a high school student.