Tubbs v. BNSF Ry. Co.

BNSF Railway Company (BNSF) appeals the denial of its motion for judgment notwithstanding the verdict following a jury trial and judgment awarding Thomas and Dana Tubbs (the Tubbses)1 $2,598,000 in actual damages and $1,231,000 in punitive damages for BNSF's negligence in *328failing to provide adequate drainage for a portion of track that bisects the Tubbses' farm. BNSF argues that the trial court erred in denying BNSF's motion because the Tubbses failed to make a submissible case as to (1) the applicable standard of care and (2) punitive damages. BNSF also argues that the trial court erred in…