Posted at: 10/16/2009 2:21 PM | KSAX.com
By: Elena Kibasova, Web Producer
Print Story  Email to a Friend

Families of train crash victims win wrongful death lawsuit

A jury returned a multi-million dollar judgment in a wrongful death lawsuit Friday. The lawsuit was filed by the families of four people that died in a train crash in Anoka in 2003.

Each family that lost a loved one in the accident will get $6 million, for a total of $24 million. The lawsuit was filed by the families of Brian Frazier, Harry Rhoades, Bridgette Shannon and Corey Chase against Burlington Northern Santa Fe Railway.

The original investigation showed 20-year-old Frazier drove around the gates and into the path of the train. Rhoades, 19; Shannon, 17; and Chase, 20, were in the car with Frazier.

"For four and a half years Burlington North Santa Fe has allowed us to believe that our son was driving the car, that he broke the law and went around the crossing arm and caused his own death and the death of his own friends," said Christie Frazier, Brian’s mother.

After a six-week trial, the jury found the railway responsible for the deaths because the crossing arms on North Ferry Street did not come down when the train approached. The families’ lawyers argued the railway kept evidence from investigators.

"We had a woman who was almost killed at the same crossing the year before and the railroad didn't even go out and investigate the complaint," said Bob Pottroff, an attorney.

In a statement released Friday, Burlington Northern Santa Fe Railway says it "acted properly" and maintains that Frazier ignored the warning signals. The railway plans to appear the verdict.

Burlington Northern Santa Fe Railway's statement:

BNSF believes that the great weight of the evidence demonstrates that BNSF acted properly and that the occupants went around the gates and warning devices at this grade crossing. BNSF is disappointed with the verdict and while we have deep sympathy for the families of the victims of this tragic event, we believe the verdict should be reversed on appeal.