Fresquez v. BNSF Railway, No. 21-1118 (10th Cir. 2022)Annotate this Case
Plaintiff Brandon Fresquez filed suit against his former employer, defendant BNSF Railway Company (BNSF), claiming that BNSF violated the Federal Railroad Safety Act (FRSA) by terminating his employment in retaliation for him engaging in certain activities that were expressly protected under the FRSA. A jury found in favor of Fresquez on his claim of retaliation under the FRSA, and awarded him $800,000 in compensatory damages and $250,000 in punitive damages. Following the trial, Fresquez moved for an award of back and front pay. The district court granted that motion in part and awarded Fresquez a total of $696,173. BNSF argued on appeal: (1) it was entitled to judgment as a matter of law on the merits of Fresquez’s claims; (2) alternatively, it was entitled to judgment as a matter of law on the issue of punitive damages. BNSF further argues that it was entitled to a new trial on the merits of Fresquez’s claims based on the district court’s admission of character and other prejudicial evidence; (3) it was entitled to a new trial on the issue of compensatory damages; and (4) the district court abused its discretion by awarding Fresquez ten years’ worth of front pay. Rejecting these arguments, the Tenth Circuit found no reversible error and affirmed judgment.