BNSF Railway Co. (BNSF) appealed the denial of its motion for summary judgment notwithstanding the verdict (JNOV) following a jury trial and judgment, which granted Thomas and Dana Tubbs $2,598,000 in actual damages and $1,231,000 in punitive damages. The jury verdict and judgment were for BNSF’s negligence in choosing not to provide adequate drainage for a portion of railroad track that bisected the Tubbses’ farm.
The verdict was affirmed in this case by the Missouri Appellate Court. “The Tubbses own and operate a farm in a floodplain near the Missouri River in Holt County, Mo.”
. . . BNSF, an interstate freight railroad, owns and operates a track that runs east and west along the floodplain and bisects the Tubbses’ farm. The track sits atop an earthen embankment, which was originally rebuilt in 1887.