ST. LOUIS, Sept. 20, 2016 /PRNewswire/ -- The Eighth Circuit Court of Appeals will hear the case of Edward Blackorby v. BNSF Railway Company (BNSF) on September 21, in an important case under the employee protection provisions of the Federal Railroad Safety Act. (FRSA).
In June of 2015, a unanimous Federal Jury found that BNSF retaliated against Mr. Blackorby for reporting a work related injury following a trial in Kansas City, Missouri before District Judge Stephen R. Bough. The jury awarded compensatory damages to Mr. Blackorby and BNSF was also ordered to pay his attorney fees and the costs of bringing the suit. The St. Louis based Eighth Circuit will now consider BNSF's appeal of that verdict.
Mr. Blackorby was represented at trial, and also on appeal, by Jeff Dingwall of San Diego, California, Kiel Garella of Charlotte, North Carolina, and Erica Mynarich of Springfield, Missouri. Additionally, the United States Department of Labor has appeared in the case in support of Mr. Blackorby, urging the appellate court to uphold the jury verdict. The case will be argued to a three-judge panel.
"This case will go a long way toward defining the Federal protections afforded men and women who are injured in one of the most dangerous occupations in our country. We believe strongly in the sanctity of jury verdicts and look forward to presenting our case to the esteemed panel," said Jeff Dingwall.
"At the heart of this appeal is the right of American workers to be free from workplace retaliation," said Kiel Garella. "Mr. Blackorby bravely took a stand against one of the nation's largest railroads and prevailed at trial. We are proud to continue this fight with him and are grateful that the Department of Labor has joined us in the effort."
Jeff Dingwall of Eight & Sand in San Diego, CA and Kiel Garella of Garella Law, P.C. in Charlotte, NC are nationally recognized for their work representing men and women across the country that have been injured or killed by railroads. Erica Mynarich of Carver, Cantin, & Mynarich in Springfield, MO is an award-winning trial lawyer focusing primarily on Federal civil rights litigation and criminal defense throughout Missouri.
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SOURCE Garella Law