The jury sided with Kirk Ludlow in his claim that BNSF violated the Nebraska Fair Employment Practices Act when it fired him in 2010. Jurors rejected his wrongful discharge claim.
Ludlow, a former claims representative for the company in Alliance, alleged in his lawsuit that BNSF fired him because he refused to withhold evidence in a criminal forgery investigation.
BNSF argued that Ludlow was fired because of unrelated, on-the-job horseplay. A company lawyer says Ludlow accidentally struck a female janitor while doing a karate kick in July 2010.
Ludlow’s attorney, Kyle Long, had asked for at least $873,000 in damages.