ARLINGTON – Curtis Rookaird of Gleneagle has won $1.6 million in a lawsuit against Burlington Northern Sante Fe for wrongful dismissal.

Rookaird was a conductor for BNSF working near Seattle when on Feb. 23, 2010 he and his crew were instructed to pick up 42 cars. Forty of them were placarded Hazardous Material cars containing propane and butane residue.

Rookaird and the other two crew members determined that they needed to perform a “transfer train air brake test.” They were contacted over the radio by a supervisor, who questioned why the test was being done. BNSF officials then ordered all three home before they could complete their shift. All three were then investigated by the BNSF. Following the 13-hour company investigation, BNSF fired Rookaird and issued record suspensions to the other two.

Rookaird contacted the Department of Labor in 2010, which opened an investigation.

Following a three-year investigation, OSHA found that BNSF had violated the law by firing Rookaird due to his performance of the air brake safety test despite the objections and questioning by his supervisors.

The Department of Labor ordered that Rookaird be immediately reinstated and awarded damages of approximately $136,000.

Rookaird then contacted the Yaeger and Jungbauer law firm, which moved the case to federal court.

Last month, six years after BNSF fired him, a jury awarded Rookaird more than $1.6 million. That included $200,000 in punitive damages because the railroad’s actions were “malicious, oppressive or in reckless disregard of (Rookaird’s) rights.”

“This case showed that BNSF puts ‘profits over safety,’ which is horrible and bad business,” counsel William Jungbauer said.

BNSF has indicated that it is “disappointed” in the verdict and is evaluating its options, including a possible appeal to the Ninth Circuit.