Iowa Federal Jury in Davenport Awards $2.25 Million to Locomotive Engineer in Rail Safety Retaliation Case

DAVENPORT, Iowa - After a 5 day trial an eight-member federal jury in Davenport, Iowa returned a unanimous verdict last Friday evening in favor of locomotive engineer John Sexton, finding that Canadian Pacific Railway violated the whistleblower protections of the Federal Rail Safety Act (FRSA) after Sexton refused to follow an unsafe order involving snow- and ice-covered railroad grade crossings.

The jury awarded Sexton $375,000 in past emotional distress damages, $375,000 in future emotional distress damages, and $1.5 million in punitive damages, for a total verdict of $2.25 million.

The case arose from events on February 1, 2021, when Sexton reported for duty at 1:30 a.m. in the Marquette railyard after fresh snowfall the night before. According to the evidence at trial, snow and ice had built up in railroad grade crossings and flangeways, the area inside the rails where train wheel flanges travel, creating a known derailment risk called "wheel ride," where wheels on rail cars can climb on top of compacted snow and ice instead of staying properly seated on the rail.

Trial evidence showed that in the months leading up to the incident, there had already been two derailments caused by ice and snow buildup at grade crossings, and that the railroad had issued two safety bulletins warning employees of the danger and directing them to cut crossings and flangeways when necessary.

Sexton's train that morning included two rail cars loaded with pressurized anhydrous ammonia. When Sexton told his supervisor that the crossings and flangeways needed to be cut before he would take the train out, the supervisor ordered him "to get on your train and go" and "get on your train and get the hell out of here." Sexton refused, separated the locomotives from the train, and cut the grade crossings anyway.
Among the grade crossings was the Maquette siding, a sidetrack where Sexton and his conductor were going to park a portion of their train, a portion which included the two cars of pressurized ammonia, right next to the Mississippi River.

At trial, Sexton argued that later that same shift he was targeted for discipline because his safety decision caused a major operational delay. Evidence showed that the delay triggered a cascade of internal communications among railroad managers, including two vice presidents and a general manager, all of whom testified at trial. These internal communications included Teams messages, emails, Nexus reports detailing the delay, and phone calls. One of the Teams messages by the trainmaster who told him to "get on his train and go" was to a general manager and stated "I don't know how to hold him accountable [for the delay]." Sexton presented evidence that his train was viewed internally as the largest delay on Canadian Pacific's U.S. system that day.

Later that very same day, around noon, while Sexton was yarding his train in Davenport's Nahant Yard, Canadian Pacific General Manager Tom Jared conducted what Sexton contended was a retaliatory "efficiency test." Sexton was shoving his train while receiving distance and stop-count instructions by radio from his conductor on the ground. Sexton presented evidence that Jared directed the conductor to stop communicating with Sexton mid-movement, then accused Sexton of violating operating rules when Sexton stopped after losing contact. Sexton argued at trial that the test Jared performed was a "set up" test rather than an "observation" test in violation of CP's own testing guidelines governing which tests are to be performed under the circumstances.
The railroad charged Sexton with violating Rule 5.3.7, conducted an internal investigation, found him guilty, and imposed 20 days off without pay. Sexton was later reinstated through the collective bargaining process and awarded back pay.

Sexton then brought suit in federal court under the Federal Rail Safety Act, which prohibits railroads from disciplining employees for refusing to carry out unsafe orders.
Lead trial counsel John Magnuson, of Yaeger & Jungbauer in St. Paul, argued to the jury that the case reflected a larger railroad culture that prioritized speed, efficiency, and internal metrics over safety.
"I am all for railroads making a profit. This is how the nation's goods are transported," Magnuson told jurors in closing argument. "But they have an obligation to their employees, the public, and the environment do it safely."

Magnuson argued that Canadian Pacific's "go, go, go" culture, reinforced by on-time performance and velocity metrics, an integral part of Precision Scheduled Railroading (PSR) the operating framework in place at Canadian Pacific, put pressure on managers to move trains first and deal with safety consequences later. He also emphasized the broader consequences of the decision Sexton faced that morning, with shoving loaded ammonia cars into a side track in winter conditions right next to the Mississippi River.

In an email sent after he was charged but before his disciplinary hearing, Sexton wrote to two vice presidents about his concerns:
"What would have been the environmental impact as well as the possible loss of life if I didn't insist on cutting the tracks and crossings with 2 loads of AMMONIA. Catastrophic I would imagine."
Canadian Pacific denied retaliation and argued that Sexton was disciplined because he violated operating rules. The defense also argued that Sexton was nothing more than a disgruntled employee. Sexton, however, presented evidence that he had long been a safety advocate at the railroad and had served on the railroad's safety committee, where workers and management addressed operational safety concerns.
Following the verdict, Sexton said he felt vindicated.

"This verdict sends a message that railroad workers should not be punished for choosing the safe course," Sexton said. "I did what I believed was necessary to protect myself, my crew, and the public."
Magnuson said the verdict reflects the purpose of the FRSA and the importance of protecting workers who speak up.

"Federal law protects railroad employees who refuse unsafe orders," Magnuson said. "This jury's verdict makes clear that retaliation for putting safety first should not be tolerated."

Sexton was represented at trial by John Magnuson of Yaeger & Jungbauer and Cyle Cramer of Nichols Kaster.

Media Contact:
John Magnuson
Yaeger & Jungbauer
St. Paul, Minnesota
651-325-8840

John D. Magnuson
YAEGER & JUNGBAUER BARRISTERS, PLC.
4661 Highway 61 N., Ste. 204
Saint Paul, Minnesota 55110
Telephone: (651) 288-9500
Cell: (651) 325-8840
Facsimile: (651) 288-0227
Email: jmagnuson@yjblaw.com

Yaeger & Jungbauer is a law firm focusing on representing injured railroad employees under the Federal Employers' Liability Act (FELA) and the Federal Rail Safety Act (FRSA).

This release was published on openPR.