A jury awarded $810,000 to a locomotive engineer who said he sustained neck injuries when his train crashed into other railcars. In 2009, Carlos Donaway was working with a crew assigned to perform railroad switching operations for BNSF Railway Company customers. The weather was foggy as Donaway and his crew performed a reverse movement of five railcars. Donaway said he wasn't told to stop the train he was operating and struck the railcars at 9 mph. He claimed he sustained two herniated discs, for which he underwent fusion surgery six months later. He sued BNSF under the Federal Employee Liability Act, alleging BNSF was negligent for assigning the project when it was foggy, failing to properly communicate with him, and for parking the railcars too close to the railroad crossing. BNSF argued that Donaway violated communication regulations and that he was not injured in the incident.
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