Facts

Neil Jensen was employed by BNSF Railway Company as a trainman. He sued BNSF following his termination for allegedly violating the Federal Railway Safety Act, 49 U.S.C. Section 20109.

PLAINTIFF'S CONTENTIONS:
Jensen contended that he engaged in protected activities under the FRSA when he followed a doctor's treatment plan. His treating physician allegedly prescribed a treatment plan that required Jensen to miss three to eight days of work a month for the remainder of his employment with BNSF. BNSF allegedly took adverse actions against Jensen as a result of him engaging in protected activities, including charging him with company rules violations, disciplining him and eventually terminating him.

DEFENDANT'S CONTENTIONS:
BNSF denied Jensen's allegations and argued that, among other things, Jensen was not following a "treatment plan" and was disciplined and eventually terminated for his excessive absences and not because he was following a medical treatment plan.

Result

The jury returned a defense verdict, finding that Jensen had failed to show that BNSF violated the FRSA.

Other Information

FILING DATE: Dec. 26, 2013.

Deliberation

90 minutes