BNSF, ADM Settle Lawsuit Over Nebraska Accident

May 20, 2013

BNSF Railway and ADM have settled a lawsuit filed over injuries suffered by a railroad conductor during a Lincoln, Neb., accident in 2008.

Court records say BNSF sued ADM in September 2010 to recover the $405,000 it paid conductor Robert Brolhorst to settle his lawsuit against BNSF. BNSF’s lawsuit said ADM had failed to keep ice off a track at the ADM plant in Lincoln. BNSF said the ice caused a derailment that injured Brolhorst in February 2008.

BNSF also sought more than $20,600 for damage to one of its rail cars.

The court records say BNSF and ADM filed their dismissal request on April 8. Judge Karen Flowers granted the request on May 9. The lawsuit was dismissed with prejudice, which means it can’t be refiled.

Settlement terms weren’t disclosed.

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