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William O. Bongard - Press

 The families of four young adults killed in a 2003 train-car accident in Anoka should receive $45 million in addition to the $21.6 million a jury ordered the railroad to pay them last summer because Burlington Northern Santa Fe fabricated, destroyed and withheld evidence, the families’ lawyers said today. After detailing an alleged coverup by Burlington Northern involving perjury, suppressing records, and misplacing computer discs and hard drives, the families’ attorneys asked Judge Maas to order sanctions against the railroad that could be precedent-setting in Minnesota.

Train crash victims' families claim BNSF withheld records

The families of four young adults killed in a collision with a train nearly six years ago went to court Monday. They claimed the train company withheld or misplaced records during a settlement trial.

In June, a judge awarded $6 million to each of the families of Bridgette Shannon, 17 of Ramsey; Corey Chase, 20, of Coon Rapids; Brian Frazier, 20, of Newport; and Harry Rhoades, 20, of Blaine.

A Burlington Northern Santa Fe train hit and killed their car at an Anoka crossing in September 2003.

A jury rejected the railroad's argument that the four tried to drive around a gate to beat the train.

The case is back in court because the families claimed BNSF hid or destroyed data related to the accident then suppressed railroad records and altered track permits.

The case is being heard in Washington County.

In a statement, BNSF wrote:

"BNSF believes that the great weight of the evidence demonstrates BNSF acted properly and that the occupants went around the gates and warning devices at this grade crossing. While we have deep sympathy for the families of the victims of this tragic event, we believe the verdict was erroneous and BNSF will be making post trial motions to the district court. With respect to the other motions that are being heard this week, while mistakes may have been made by both sides during the course of this prolonged litigation, BNSF is hopeful that the accusations made against it will be disproved and BNSF is prepared to vigorously defend itself on these issues."

From KSTP.com


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