representative Trial Outcomes

McFarland v. BNSF Ry. Co., Case No. 4:16-cv-05024-EFS (E.D. Wash., 2017)  (jury verdict rejected plaintiff’s claim that railroad wrongfully discharged him in violation of Washington law). Tried by Bradley Scarp and Michael Chait.

Stevenson v. BNSF Ry. Co., Case No. 15-2-25093-1 SEA (King Co. Sup. Ct., 2016) (arbitration award in favor of defendant railroad, finding that BNSF was not negligent and the area where plaintiff claimed he was injured was not a “walkway”). Tried by Michael Chait.

Anderson v. BNSF Ry. Co., Case No. 14-2-26039-3 (King Co. Sup. Ct., 2015) (arbitration award in favor of defendant railroad, dismissing plaintiff’s case claiming that the railroad was negligent when plaintiff rolled his ankle on a roadway in a train yard).

Durkee v. BNSF Ry. Co., Case No. 14-2-02134-8 SEA (King Co. Sup. Ct., 2014) (arbitration award in favor of defendant railroad, dismissing plaintiff’s case claiming that the railroad violated the Federal Employers’ Liability Act and the Federal Rail Safety Act relating to a derailment). Tried by Kelsey Endres.

Michael v. Brown, Case No. 12-2-14051-6 (Pierce Co. Sup. Ct., 2013) (jury found that “Good Samaritan” defendant who stopped to check on injured plaintiff as an as eyewitness to a motor vehicle accident was not negligent). Tried by Bradley Scarp.

McFarland v. BNSF Ry. Co., Case No. 12-2-50088-9 (Wash. Sup. Ct., 2013) (jury found that railroad did not violate the Federal Employers’ Liability Act by equipping plaintiff with 12-pound sledgehammers instead of hydraulic press). Tried by Bradley Scarp.

Trivett v. BNSF Ry. Co., Case No. 10-2-02719-7 (Thurston Co. Sup. Ct., 2012) (jury found that plaintiff was not acting with the scope of his employment at the time of a motor vehicle accident). Tried by Bradley Scarp.

Kurtz v. BNSF Ry. Co., Case No. 09-2-25904-6 SEA (King Co. Sup. Ct., 2011) (jury found that railroad did not violate the Federal Employers’ Liability Act to cause plaintiff’s alleged shoulder injuries). Tried by Tom Montgomery.

Urrutia v. BNSF Ry. Co., Case No. C09-215RSM (W.D. Wash., 2010) (jury found that the railroad did not discriminate against plaintiff in violation of the Washington Law Against Discrimination). Tried by Tom Montgomery.

Dougherty v. Sanford, Case No. 08-2-28197-3 (King Co. Sup. Ct., 2008) (jury found client not liable for claimed assault, battery, intentional infliction of emotional distress, and outrage).  Tried by Bradley Scarp. 

Veit v. Burlington N. & Santa Fe R.R. Co., Case No. 03-2-02056-3 (Whatcom Co. Sup. Ct., 2007) (jury found that railroad was not negligent when a freight train collided with plaintiff’s car at a railroad crossing). Tried by Bradley Scarp, and Wayne L. Robbins, Robbins & Travis.

Liberty Intern. Underwriters v. Carlson, 2006 WL 623785 (W.D. Wash., 2006) (following bench trial Judge Robart found that Liberty International Underwriters acted in bad faith and violated the Washington Consumer Protection Act and client was entitled to damages, punitive damages, costs, and attorney fees). Tried by Tom Montgomery.

Nelson v. Stellar Seafoods, Inc., Case No. C05-1620Z, 2006 WL 3544607 (W.D. Wash., 2006) (plaintiff’s injury resulted in numerous medical treatments and multiple surgical procedures; Judge Thomas Zilly found that equipment used by client was not unsafe and its vessel was deemed seaworthy). Tried by Bradley Scarp.

Krossa v. All Alaskan Seafoods, Inc., Case No. 1JU-98-487 CI (Alaska Sup. Ct., First Dist.) (Judge Larry R. Weeks, after bench trial, rejected plaintiff’s claim that that client seafood company owned him money under written crew contract). Tried by Bradley Scarp and Tom Montgomery.