FRAZIER v. BURLINGTON NORTHERN SANTA FE

Nos. A09-2212, A09-2213, A09-2214, A09-2215.

811 N.W.2d 618 (2012)

Michael D. FRAZIER, as Trustee for the Next-of-Kin of Brian L. Frazier, deceased, Appellant (A09-2212), Harry James Rhoades, Sr., as Trustee for the Next-of-Kin of Harry James Rhoades, Jr., deceased, Appellant (A09-2213), Denise Renee Shannon, as Trustee for the Next-of-Kin of Bridgette Marie Shannon, deceased, Appellant (A09-2214), Elizabeth Chase, as Trustee for the Next-of-Kin of Corey Everett Chase, deceased, Appellant (A09-2215), v. BURLINGTON NORTHERN SANTA FE CORPORATION, et al., Respondents (A09-2212, A09-2213, A09-2214, A09-2215), Richard P. Wright, as Special Administrator of the Estate of Corey E. Chase, deceased, Appellant (A09-2212), Cristy Y. Frazier, as Special Administrator for the Estate of Brian Frazier, deceased, Appellant (A09-2213, A09-2214, A09-2215), BNSF Railway Company, third-party plaintiff, Respondent (A09-2213, A09-2214, A09-2215), v. Richard P. Wright, as Special Administrator for the Estate of Corey Everett Chase, deceased, Appellant (A09-2213, A09-2214, A09-2215).

Supreme Court of Minnesota.

As Modified April 19, 2012.


Attorney(s) appearing for the Case

Patrick J. Sauter , Mark R. Bradford , Bassford Remele, P.A., Minneapolis, MN, for appellants Michael D. Frazier and Cristy Y. Frazier.

William O. Bongard , Sieben, Grose, Von Holtum, & Carey, Ltd., Minneapolis, MN, for appellant Harry James Rhoades, Sr.

Allan F. Shapiro , Finn Shapiro , St. Louis Park, MN, for appellant Denise Renee Shannon.

Sharon L. Van Dyck , Van Dyck Law Firm, PLLC, St. Louis Park, MN; and Robert L. Pottroff , Pottroff Law Office, P.A., Manhattan, KS; and Paul E. Godlewski , Schwebel, Goetz & Sieben, Minneapolis, MN, for appellant Elizabeth Chase.

Timothy R. Thornton , Sam Hanson, Jonathan P. Schmidt , Briggs and Morgan, P.A., Minneapolis, MN, for respondents Burlington Northern Santa Fe Corporation, Burlington Northern Santa Fe Railroad Company, and BNSF Railway Company.

Paul E.D. Darsow , on behalf of Dan Saphire, Arthur, Chapman, Kettering, Smetak, and Pikala, P.A., Minneapolis, Minnesota, for amicus curiae Association of American Railroads.

Wilbur W. Fluegel , Fluegel Law Office, Minneapolis, MN, for amicus curiae Minnesota Association for Justice.


OPINION

PAGE, Justice.

The chief issue presented in this wrongful-death case is whether respondent BNSF Railway Company (BNSF) is entitled to a new trial on liability as a result of an allegedly erroneous instruction to the jury on the railroad's duty of care. The district court instructed the jury, without objection from BNSF, to apply a common-law or "reasonable person" standard of care. After the jury returned a verdict in appellants' favor,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases