The BNSF Railway Co. is asking the Minnesota Supreme Court to overturn $28 million in penalties for a 2003 car-train crash in Anoka that killed four young people.
The Minnesota Court of Appeals last month ordered a retrial because of faulty jury instructions. The jury had awarded $24 million in damages and the judge imposed $4.2 million in sanctions. The jury found BNSF 90 percent at fault and liable for $21.6 million of the damages.
BNSF, based in Fort Worth, Texas, says it petitioned the Minnesota Supreme Court on Thursday to throw out the damages and sanctions, which remain in place pending the retrial. It says they were excessive and influenced by the improper jury instructions in the 2008 trial.
"We are sympathetic to the families' loss and respect their rights to avail themselves of the judicial process, but BNSF believes there are serious legal issues regarding the damages awarded by the improperly instructed jury and the sanctions that were awarded by the trial court," John Ambler, BNSF vice president for corporate affairs, wrote in the release. "There is no statute, rule or precedent for these excessive sanctions, and we are asking the Supreme Court to clarify when and how sanctions may be properly imposed."
The railroad notes that the victims' families have said they'll ask the Supreme Court to review the order for a retrial.
BNSF says its crossing gates and warning signals were working and the car went around them.
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