Mr. Monohon, a railroad track inspector, objected to the rule, stating if a train is coming down the tracks and there is not enough time to remove the seatbelt “you’re going to get killed.” Later that day, Mr. Monohon was found riding a hy-rail without a seat belt and a subsequent disciplinary hearing led to his termination. Mr. Monohon filed suit in U.S. District Court in Des Moines alleging BNSF had violated the Federal Rail Safety Act when it discharged him for reporting in good faith a hazardous safety condition. After a four-day trial, a jury awarded Mr. Monohon $500,000 in lost wages, lost benefits and emotional distress damages. The court awarded Mr. Monohon $301,734 as well as attorneys fees and costs. BNSF then filed a motion for judgment as a matter of law, which the district court granted, concluding Mr. Monohon’s report was not objectively reasonable and that the jury’s verdict was not supported by the evidence. A three-judge appeals court panel vacated the judgment in BNSF’s favor, reversed the order granting its motion for judgment as matter of law, and remanded the case for reinstatement of the jury verdict. “We conclude that there existed a ‘legally sufficient evidentiary basis to’ support the jury’s finding,” the ruling said. Considering the evidence, “we cannot conclude that there was ‘a complete absence of probative facts’ such that no reasonable juror could have found that wearing a seatbelt while hy-railing is a hazardous safety condition,” it said. There was also sufficient evidence to support the finding that the supervisor intentionally retaliated against Mr. Monohon, the ruling said. Attorneys in the case did not respond to requests for comment. In March, the U.S. Department of Labor ordered BNSF to pay more than $290,000 in damages for terminating a worker following his work-related injury.
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