2008 Attorney of the Year Award to Allan Shapiro Allan Shapiro and four lawyers from the team of lawyers in the multiple wrongful death case against BNSF railroad that resulted in a $24 million dollar verdict in Anoka, Minnesota (see below), were named Attorneys of the Year by Minnesota Lawyer magazine. The award was presented at a banquet on February 24, 2009.
Historic $24 million verdict in Train/Car Wrongful Death
On September 26, 2003, a car with four young people ages 20 to 17, was struck by a Burlington Northern Santa Fe Railway Company freight train at a crossing in Anoka, MN. Although the train crew claimed the car drove around a lowered crossing gate, the physical evidence on the roadway did not support that version of what happened. Allan Shapiro represented one of the four families who lost a child in the accident. Through the diligent hard work of the team of attorneys representing the four families over four and a half years of difficult pre-trial discovery, evidence was presented to the jury during the six week trial that the railroad had destroyed evidence, hidden other evidence and tampered with computer evidence. The jury found BNSF 90% at fault and the car driver 10% at fault for causing the accident. On June 13, 2008, each family was awarded $6 million for their loss. The railroad is appealing the verdict.
Both sides had agreed to a settlement the day before Sanctions motions against BNSF were to be heard in November, 2008. As a result, the Sanctions motions were cancelled and preparations for approval of the settlement were made. Three weeks later, BNSF reneged on the settlement, claiming that there was no settlement and that two new witnesses were found. Counsel for BNSF paid $5,000 and $10,000 to two alleged witnesses who claimed to have driven through the crossing just before the train came through. Their testimony is highly suspect and will serve as the subject of additional sanctions.
Plaintiffs' renewed a Sanctions motion on April 20, 2009. The motion was based upon discovery abuses and destroyed evidence by BNSF. Plaintiffs sought to recover damages including, their costs and attorneys fees for the extra time spent obtaining information and documents that should have been provided in accordance with the rules of evidence and to serve as a deterrent to BNSF from similar behavior in the future. For an article on the paid witnesses in the Minneapolis Star Tribune, see: http://www.startribune.com/local/north/49132697.html
See a May 12, 2009, KARE 11 report on the case http://www.kare11.com/news/news_article.aspx?storyid=697693
On June 26, 2009, BNSF brought post trial motions before the trial judge in an effort to overturn the verdict of the jury. The judge heard arguments and then ruled from the bench. Judge Ellen Maas summarily denied all of BNSF's motions. She found that the new witnesses did not "pass the smell test" and would not have been enough to change the verdict. The new witnesses did not see the accident and the plaintiff's produced proof that they would have been at the crossing at least a half hour before the accident. The judge indicated that the written order for both the post trial motions and sanctions will be issued by the end of September.
For a Minneapolis Star Tribune article on the decision of the judge on the post trial motions heard on June 26, 2009, see: http://www.startribune.com/local/north/49284527.html?elr=KArks:DCiUoaW_eEO7UiacyKUnciatkEP7DhUr
Super Lawyers - Top 40
The "Superlawyers" identifies and publishes the names of attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics magazine. This year, Allan F. Shapiro was not only among the top 5% of personal injury attorneys chosen, he was included in the top 40.
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