A Cape Girardeau County jury has handed down a record $17 million verdict against BNSF Railway in a personal-injury case.

The plaintiff’s attorney called it the largest monetary award by a circuit court jury in the history of the county.

Plaintiff’s attorney Michael Ponder said he hopes the verdict sends a message to BNSF and all companies to “take our safety seriously.”

Said Ponder, “They should value people, not profits.”

A jury deliberated 2 hours and 45 minutes Thursday at Common Pleas Courthouse in Cape Girardeau before ruling on a 9-3 vote BNSF should pay $12 million in damages.

On Friday, the jury heard arguments from both sides regarding the issue of punitive damages. After about 30 minutes of deliberation, the jury awarded $5 million in punitive damages on a 9-3 vote, ending the more-than-week-long trial.

The railroad’s attorney had argued against punitive damages.

Ponder represented a 9-year-old girl from Puxico, Missouri, who was 6 years old when she suffered serious injuries as a result of a crash at a railroad crossing on Route AB in Cape Girardeau County, west of the Nash Road industrial park. The girl is identified in court documents as E.H.S.

The lawsuit accused BNSF of negligence.

According to the lawsuit, the girl was injured shortly after noon Aug. 13, 2016, as a result of a concrete traffic barrier that extended along the centerline of the highway east and west of the railroad track for a distance of about 100 feet.

The vehicle in which the girl was a passenger came into contact with the concrete barrier, causing the vehicle to overturn and collide with additional guardrails and railroad equipment at the grade crossing.

E.H.S. suffered massive brain injuries, and internal injuries, including a torn aorta, kidney and liver damage, bruised and collapsed lungs, multiple fractures of her hips and pelvis, and a broken right femur, all resulting in partial right-sided paralysis, according to the suit.

Ponder said the $12 million awarded Thursday reflected trial testimony as to the projected lifetime medical costs the plaintiff would incur.

But in closing arguments Friday, Ponder urged the jury to award punitive damages.

He suggested the jury consider awarding $180 million in punitive damages. BNSF has a net worth of more than $63 billion, Ponder said.

He argued $180 million would equate to a $180 fine for an individual earning $63,000 a year.

“You all have got the power to get their attention,” Ponder told the jury.

He accused the railroad of “playing fast and loose with our lives.”

The suit accused BNSF of providing the Missouri Department of Transportation (MoDOT) with design plans for the barrier that were “inappropriate, unsuitable and unsafe for use on a highway with a speed limit in excess of 40 mph.”

Ponder said the concrete median was about 8 1/2 inches tall and two-feet wide.

It was installed in 2011 and resulted in 14 reported crashes before the 2016 incident, Ponder said.

“They just kept running into it,” he said.

MoDOT traffic engineer Craig Compas repeatedly called for the barrier to be removed, but BNSF blocked its removal, Ponder said.

After the 2016 incident, the concrete barrier was removed and replaced with a series of traffic-barrier poles.

The lawsuit accused the railroad of maintaining a “dangerous condition on its premises when it knew that the non-mountable barrier was dangerous to motorists.”

Ponder told the jury the railroad never took responsibility for the girl’s injuries.

But Bill Brasher, attorney for BNSF, told the jury the railroad did not need to be punished.

“BNSF doesn’t disregard safety in this community,” he said.

“The railroad does not need to be punished to ensure that it doesn’t happen again,” Brasher said in his closing argument.

Ponder said after Friday’s verdict he expects BNSF will appeal.

Do you like stories about government and courts? Keep up with the latest news by signing up for our daily morning headline email. Go to www.semissourian.com/newsletters to find out more.