Fred Bremseth
Fred Bremseth is among the nation’s elite trial lawyers. Fred began his remarkable career in 1978 and has continuously represented injury and death claims for over thirty years. Fred has consistently won unparalleled jury verdicts and settlements for his clients in a career devoted to representing injured railroad employees under the FELA and other seriously injured individuals. Fred has successfully handled catastrophic injury cases in state and federal courts around the country including: quadriplegia, paraplegia, amputations, brain damage, severe spinal injury, disfigurement, chemical exposure, asbestos claims, and wrongful death cases. In addition to his successful FELA practice, Fred has achieved significant verdicts and settlements in other types of cases involving auto collisions, medical negligence, and product liability involving birth defects due to defective drugs including:
- $8.9 million in an auto collision case;
- $2.99 million in a defamation case;
- $2.8 million in an amputation case;
- $1.76 million for a locomotive engineer in a back injury case;
- $1.5 million for an locomotive engineer in a knee injury case;
- $1.2 million for a locomotive engineer in a back injury case;
- $1.14 million for a trainman in a back and hip injury case;
- $1.0 million for a locomotive engineer in a PTSD case;
- $850,000 for a conductor in a neck and shoulder injury case;
- $850,000 for a trainman in a neck injury case:
Fred has been honored for the number and amounts of his million dollar and multimillion dollar verdicts by membership in the Multimillion Dollar Advocates Forum, the Million Dollar Advocates Forum and the Minnesota Million Dollar Round Table. These organizations provide special recognition to the select few lawyers who have achieved significant jury verdicts and awards for their clients.
Fred has appeared on National Public Television for his precedent-setting practice in the area of drug product liability issues. Earlier in his distinguished career, Fred was appointed by the United States Trustee to represent world-wide victims of the Dalkon Shield, and was elected by his fellow lawyers to serve as vice chairman of the claimants’ committee. The Dalkon Shield case ultimately resulted in a settlement exceeding $3 billion, one of the largest mass tort settlements in history.
Fred is regularly called upon by lawyers from across the country seeking his advice and assistance on their cases, and Fred is often asked to associate as lead trial counsel by other lawyers due to his courtroom expertise and outstanding results. Fred has often been asked by other BLET, UTU and BMWE designated legal counsel to handle cases for them and with them.
Fred has achieved special recognition by his trial colleagues by attaining the status of Senior Counsel by the American College of Barristers, and Fred was elected by his fellow FELA lawyers as Chairman of the Railroad Law Section of the Association of Trial Lawyers of America, the largest national association of trial lawyers.
Fred is a member of the Montana and Minnesota Bar Associations and has been admitted in United States District Courts in Montana, Minnesota, Colorado, North Dakota and California, and the United States Courts of Appeals for 8th, 7th, 4th, 9th Districts, as well as the U.S. Court of Claims. Fred is regularly admitted Pro Hac Vice (by special appearance), in Courts throughout the country. Fred is a member of the Academy of Rail Labor Attorneys (ARLA), the American Association for Justice (AAJ), the American Bar Association and the Minnesota Association for Justice. Fred is a founding member of Trial Lawyers for Public Justice, and is also a life-time member of the Roscoe Pound Foundation and a Sustaining Sponsor of the Civil Justice Foundation.
Over the past many years Fred has become a national leader in representing Locomotive Engineers and Trainmen for spinal injuries involving whole body vibration (WBV). He is one of the few lawyers in the entire country to develop and prosecute these difficult, yet meritorious cases. He has aggressively pursued the railroads in discovery and trials for their failures to provide properly maintained locomotives and quality, vibration damping seats to prevent serious spinal injuries. Fred has taken the depositions of top railroad management on this issue and has reviewed thousands of internal corporate documents. Fred has developed a team of highly qualified scientific experts in ergonomics, locomotive mechanics, occupational medicine, biomechanical engineering, and seating technology to present these cases. Fred has won substantial verdicts and settlement for these whole body vibration injuries and currently continues his aggressive representation on behalf of Engineers and Trainmen for these injuries in cases pending in multiple jurisdictions, including Montana, Colorado, Wyoming, Minnesota, Washington State, Texas, and California.
Fred is honored and proud to be a union designated attorney.
Thomas W. Geng
Born and raised in Saint Paul, Minnesota, Tom attended Saint Mary’s College of California where he graduated Magna Cum Laude in 1981 with a history degree. Tom then moved to Washington, D.C. where he joined the staff of Congressman James H. Scheuer (D-NY), a senior Democrat in the U.S. House of Representatives. During seven years in Washington, Tom served as a legislative assistant, speech writer, and Chief of Staff to Rep. Scheuer. In 1996, House Speaker Tip O’Neill appointed Tom as a member of the first Congressional delegation to visit the People’s Republic of China as guests of the National People’s Congress.
Tom left Washington in 1988 to return to Minnesota where he entered law school at the University of Minnesota. In his second year, Tom began focusing on civil litigation as a student attorney in the Civil Practice Clinic, where he was also a Student Director during his third year. Tom graduated from law school in 1991, receiving the Kent Wennerstrom Memorial Award as the University of Minnesota Law School’s outstanding Clinical Student Director.
After law school, Tom initially worked as a law clerk for Judge Ann D. Montgomery and Judge Gary Larson in Hennepin County (Minneapolis) District Court before joining Doshan & Bremseth in 1993. Tom is an experienced and effective advocate for injured railroad employees, their families, and other victims of negligence, specializing in pre-trial discovery and motions, post-trial motions, and appeals. Tom has successfully briefed and argued a number of appeals in the Ninth Circuit Court of Appeals, the Washington Court of Appeals, the Minnesota Court of Appeals, and the Minnesota Supreme Court, the most significant of which include:
- Joseph Wiggs v. BNSF Railway Co., 106 Wash.App. 1013 (Wash. Ct. App. 2001) – reversing the trial court’s grant of summary judgment in favor of the railroad on statute of limitations grounds in an FELA case in which the railroad removed a conductor from service due to the severe hearing loss he suffered over the course of his course of 36-year railroad career
- Dawn Wynkoop v. Ida Carpenter, 558 N.W.2d 527 (Minn. Ct. App. 1997) – winning a new trial in a wrongful death lawsuit after the trial court erroneously precluded a surviving brother from recovering damages. The Minnesota Supreme Court, 574 N.W.2d 422 (Minn. 1988), affirmed the grant of a new trial and clarified Minnesota law in regard to beneficiaries under the wrongful death statute.
- William Moore v. Union Pacific Railroad, 920 P.2d 616 (Wash. Ct. App. 1996) – reversing the trial court’s grant of summary judgment and dismissal of an FELA case in which a locomotive engineer suffered injuries in an auto collision while being deadheaded in a van.
- William Pelozzie v. Burlington Northern Railroad, 34 F.3d 1073 (9th Cir. 1994) – reversing the trial court’s grant of summary judgment and dismissal of a case in which an off-duty Assets Protection Officer was assaulted after attempting to remove trespassers from a BNRR mainline because of the impending arrival of an Amtrak train.
Admitted to practice law in the State and Federal Courts of Minnesota and the Colorado Federal Courts, Tom has also been admitted proc hac vice in scores of FELA cases around the country. Tom is a member of the Minnesota State Bar Association, the Minnesota Federal Bar Association, the Hennepin County Bar Association, and the Minnesota Association for Justice.
Tom has been a volunteer motorman for the Minnesota Transportation Museum, operating its historic 1893 trolley car in Excelsior, Minnesota, and is a 20-year member and past president of the St. Paul Bouncing Team. Tom is a member of the Planning Commission in Shorewood, Minnesota, where he and his wife Nancy reside, and where they enjoy boating on Lake Minnetonka.
Keith E. Ekstrom
Keith E. Ekstrom is a graduate of Northwestern University and University of Illinois College of Law, and is admitted to the state bars of Illinois, Montana and Minnesota, and also to federal courts in Minnesota, Colorado, Montana, Illinois and South Dakota.
Mr. Ekstrom specializes in representing injured workers suing large corporations for serious injuries, both at the trial level and on appeal. He has particular expertise in complex medical cases and litigation involving corporate misconduct. Through analysis of thousands of internal company documents and depositions of company executives, Mr. Ekstrom has exposed corporate misconduct at the highest levels, including the following cases:
- Railroad Engineers and Trainmen vs. Class One Railroads: sifting through tens of thousands of internal company documents and dozens of depositions of company officials, developed compelling evidence that railroads knowingly and negligently exposed train crews to harmful levels of whole body vibration, shocks and jolts, resulting in serious and disabling back and neck injuries. (Confidential settlements.)
- Represented union member fired after making an injury claim in Colley v. Swift & Co., 473 N.E.2d 364, a precedent setting appeal giving Illinois union workers the right to sue their employers for retaliatory discharge.
- Workers exposed to toxic gases in plutonium plant explosion v. multinational government contractors – investigated and exposed cover up and falsification of radioactive exposure data and test results, report of investigation presented to Congress. (Confidential settlement.)
- Terminated psychologist v. one of the largest health care corporations in America: developed evidence that psychologist was fired as a sacrifice to cover up corporate Medicare billing fraud. After hearing results of investigation, judge authorized punitive damages, and company quickly settled. (Confidential settlement.)
- Family of child born with birth defects v. world’s largest drug company: discovered internal documents showing that company disregarded evidence that their drug caused mental retardation in children of mothers taking the drug during pregnancy. Uncovered evidence that company concealed this data from the FDA and doctors, and located retired FDA official identified in company documents who agreed act as expert witness. (Confidential settlement.)
Ric Hanson
Ric Hanson is a third generation railroader. He hired out on the section crew right out of high school in 1972. In 1977 at the age of 23 he got the job of steel gang foreman, supervising a crew of 100 men. That particular crew set production records that still stand today. Ric was injured on the railroad in 1985 and unable to resume work in that heavy labor industry. He retained Fred Bremseth to protect him from the railroad's claims department. During Ric's recuperation he got his Montana State Private Investigators License and upon a successful resolution of his FELA case, he went to work for Fred Bremseth. Ric has been with the Bremseth Law Firm for 22 years. He has investigated over 350 railroad accidents and injuries. He excels at interviewing witnesses and coworkers, taking pictures and video of the accident scene, reviewing the railroad’s internal documents, pinpointing the root cause of the accident and where the railroad failed to provide a safe workplace.
When he is not working, Ric enjoys spending time with his family and cruising in the "409" powered 55 Chevy that he and his wife built. Ric can be reached at 406-321-0071.
John Hiatt
John is a former BNSF engineer who has been with Bremseth Law Firm for nearly 20 years. During his railroad career, John was very active on safety committees and spent many hours educating area students about the dangers that exist around railroad tracks and yards. John has also testified before federal agencies regarding safety issues that affect not only railroad industry workers but also the public. His thirty years of experience in the industry make him a valuable asset to the team. John resides in Spokane, Washington, and meets with clients from Portland, Oregon to Missoula, Montana. He has four grandchildren with whom he and his wife Cindy try to spend as much time as possible. John has also been active in the past with The Big Brother program and the American Diabetes Association, and believes every day should be Veterans Day. He truly believes that through the actions of our firm over the years, the railroad workplace, while still inherently dangerous, has been made safer. John prides himself on being a strong advocate for fair treatment of those brothers or sisters who have been injured or wronged through improper or unsafe conditions created by the railroad.
John is available 24/7 to help all railroad employees and their families in any way he can. He can be reached at 509-994-8812.
Gary Blakely
Gary Blakely grew up in the historic railroading town of Livingston, Montana. He started his railroad career in Livingston with the BNSF and worked as a boilermaker, bridge builder, brakeman and conductor. Gary was an active member of UTU Local 685 in Livingston and served as President, Secretary-Treasurer, and Local Chairman. He was also elected to the position of 2nd Vice General Chairman. He has been with Fred Bremseth and his law firm for over twenty years. Gary sustained an on-the-job injury in 1987 and hired Fred Bremseth to represent him under the FELA. Following the successful resolution of his case, he joined the firm as a Field Representative and Investigator. Gary’s knowledge and experience in union and railroad matters has been and continues to be an invaluable resource for the firm. He has assisted in the pretrial investigations and trial presentations of many of the firm’s FELA cases.
He resides in Livingston, Montana and continues to serve the needs of his fellow union members and railroad employees. Gary can be reached at (406) 539-8609.
Joe Gwiazdon
Joe Gwiazdon is a third generation railroader. His grandmother, his father and eight of his brothers all worked for the railroad. In 1978, after six years with the United States Marine Corps, Joe moved to Whitefish, Montana from Minnesota and began his railroad career with the Burlington Northern. During his career, Joe worked as a switchman, brakeman, conductor and yardmaster, and was also actively involved with the safety program in Whitefish. In 2002 Joe sustained an on-the-job injury and retained Fred Bremseth. Joe’s FELA case went to a jury trial and resulted in a very successful award. Due to his long railroad background and his personal experience with the court process under the FELA, Joe is a valuable resource to other injured railroad workers and to the Bremseth Firm. He is extremely knowledgeable regarding railroad rules and procedures, as well as having personal experience with the FELA process.
Joe currently resides in Whitefish, Montana with his wife Lin, and has two children, Maude and Tim. Joe is an avid golfer, enjoys riding his Triumph motorcycle, and spending time with his family and his railroad friends. He can be reached at 406-253-6484.
Chris Chocas
Chris Chocas is a third generation railroader. He hired on with the Union Pacific Railroad right out of high school in 1977. Chris worked on the signal department for a year and then transferred to train service. He worked as a switchman, brakeman and conductor until 2000 when he was injured. After his injury, Chris contacted several FELA law firms about his potential case, only to be rejected by them because of the difficulties involved in his claim. Chris heard of the Bremseth Law Firm from a good friend and Fred Bremseth agreed to represent Chris with his claim. Through dedicated efforts, the Bremseth Law Firm obtained a very successful resolution of his case. Due to his long years of experience with the UP, his first hand knowledge of working as a conductor, and his membership in the UTU, Chris is a valuable resource for the Bremseth Law Firm.
Chris enjoys biking, fishing, sporting events and long walks with his wife Petie. He lives in Cheyenne, Wyoming and can be reached at 307-421-9091.
Dan Picton
dpicton@bremseth.com
Dan Picton has deep roots in the railroading and transportation industries. One of his grandfathers was an engineer for the Great Northern and the other was a brakeman on the Northern Pacific. His father and brother were captains in the Merchant Marine. Dan himself hired out on the Burlington Northern Railroad as a brakeman in 1978 and was promoted to locomotive engineer in 1979. For the next twenty years, Dan operated trains in the Pacific Northwest. Dan had an on-the-job injury and retained Fred Bremseth. After a successful jury trial and verdict in his favor, Dan continued to work as an engineer for the BN. Dan has always been concerned with safety issues in the railroad industry. Early in his career, Dan became personally aware of the problem of derailments caused by track washouts when an Amtrak passenger train derailed in a subdivision where he was working. As a result, Dan developed and produced the Picton Ballast Integrity Sensor to provide advanced washout warnings. Dan's devices continue to be used today, and have prevented other derailments.
Dan lives in Manson, Washington and can be reached at 509-687-0769.
Hardy Smith
Hardy was employed for 28 years with the BN and BNSF, working as a switchman, brakeman and conductor, including a year as a rules facilitator presenting the Fatigue Countermeasures program. He began his career with the BN in Seattle, Washington and worked the yards in Seattle, Tacoma and Everett before transferring to Spokane. He has resided in the Spokane area since 1979. His background includes two bachelor degrees, experience as a licensed real estate sales person and some nine years as a local chairman representing Local 1076 switchman in Spokane. He spends most of his free time outdoors hiking, fishing and traveling to tropical beaches in the winter months. His favorite indoor pastime is aircraft construction.
Helping fellow workers navigate through workplace issues as a union representative has been rewarding and Hardy welcomes the opportunity to assist Fred Bremseth in this endeavor. He can be reached at (509) 276-6100.
Ken Dellos
Ken Dellos hired on with the Burlington Northern in 1976 as a track laborer. He worked in the track department until 1979, then transferred to the operating department as a brakeman/conductor. In 1993 he was promoted to locomotive engineer. In 2006, after thirty years, he suffered a career ending injury at BNSF due to bad track and locomotive conditions. He hired Fred Bremseth for representation in the FELA case. After a trial in Billings, Montana, he was awarded $1,200,000 by the jury. Ken brings to the firm a full career of experience in all aspects of railroading.
In his free time Ken enjoys being with family and friends and spending time in the beautiful Big Horn Mountains. Ken can be reached at 307-788-0155.
Guerry is a second generation railroad engineer. He started his career in Pueblo, Colorado with the Denver Rio Grande Railroad as a conductor on Tennessee Pass. He then became a Southern Pacific employee and was later promoted to an engineer for the Union Pacific after the merger. He ran trains on the Moffett Tunnel, Cheyenne, Limon, and Colorado Springs subdivisions as well as working numerous yard jobs over a 16-year career. Guerry was on the safety committee during the majority of his career. He was instrumental in helping to change rules for safe train operation over unfamiliar territory, proper lighting in the Denver north yard, and other safety issues. In early 2007 Guerry suffered a career ending back injury from whole body vibration and rough riding locomotives. Guerry retained the Bremseth Law Firm for his WBV claim and obtained a very favorable recovery. With his many years of experience in the industry, Guerry brings great depth of knowledge and experience to the Firm. Guerry's passions are his wife, Cindy, his family, hunting, and enjoying the great outdoors. He resides in Peyton, Colorado, and can be reached at 719-651-9510.
