Montana Supreme Court Reinstates $969,797 FELA Verdict for Widow of Railroad Welder Killed in Track-Warrant Violation

Andre 'Pete' Woods was a welding supervisor employed by Burlington Northern and Santa Fe Railway. On August 23, 2000, he was riding as a passenger in a hy-rail vehicle driven by track supervisor Gordon Holloway during a routine track inspection in Montana. Holloway had obtained a formal track warrant that granted his vehicle exclusive use of a defined segment of track, with a clear destination endpoint.

Holloway drove more than four miles past that authorized endpoint without obtaining updated clearance. At that point the hy-rail vehicle collided with an oncoming BNSF train. Holloway escaped. Woods, secured by his seatbelt, could not get free in time and was killed. His widow, Lillian Thompson Woods, filed suit under the Federal Employers Liability Act.

At trial the jury found in Lillian Woods's favor and awarded $969,796.78 in damages. The jury also assigned 50% of the fault to Andre Woods himself, which the trial court applied to cut the judgment to $484,898.39. BNSF had persuaded the district court that neither it nor Holloway had violated federal regulations, defeating a claim of negligence per se and opening the door to comparative fault.

Alexander Blewett III of Hoyt and Blewett PLLC appealed on behalf of Lillian Woods. The core argument on appeal was that Holloway's act of exceeding the track warrant limits violated two Federal Railroad Administration regulations governing exclusive track occupancy: 49 C.F.R. sections 214.319 and 214.321. Those rules require that a vehicle remain within its authorized working limits and that proper clearance be obtained before going beyond them.

The Montana Supreme Court agreed in a divided decision issued November 23, 2004, with the majority reinstating the verdict over a dissent. Writing for the majority, Justice Patricia O. Cotter held that Holloway's conduct violated federal regulations, making BNSF negligent per se. Because negligence per se removes the defense of comparative fault under FELA, the contributory-negligence finding against Andre Woods could not stand. The court vacated the 50% reduction and reinstated the full verdict of $969,797.