Two FELA suits filed in St. Clair County

Steve Gonzalez Jan. 26, 2005, 4:08am

Dustin B. McCandless, a conductor who worked a year-and-a-half for Norfolk Southern Railroad, is suing the railroad for more than $50,000 alleging unsafe working conditions. McCandless claims he suffered serious injuries after he was assaulted in the Coapman Yard in East St. Louis on Sep. 12, 2004.

According to the Federal Employee Liability Act (FELA) suit, which was filed Jan. 21 in St. Clair County Circuit Court, Norfolk failed to furnish McCandless with a reasonably safe place to perform his duties and failed to take the necessary steps to protect him on the night of the alleged incident.

McCandless claims bodily injuries, mental anguish, lost wages and medical expenses.

He is represented by Edward F. Brennan of Belleville.

Arthur Lee Yarbough also filed a FELA complaint Jan. 21 in St. Clair County.

He is suing Burlington Northern and Santa Fe Railway for more than $50,000, alleging that highly repetitive hand motions and trauma he endured while on duty caused him carpal tunnel syndrome.

Yarbough claims he worked for Burlington for 30 years as a machine operator and trackman and was required to work with equipment which vibrated excessively.

According to the suit, Burlington failed to provide Yarbough with a safe place and safe equipment and failed to take reasonable action to prevent the type of stresses and vibrations that caused carpal tunnel syndrome.

He also alleges that Burlington failed to properly supervise him and failed to provide adequate training.

Yarbough's complaint claims he sustained injuries that have and will continue to cause him pain and mental anguish; lost wages and expenses for medical treatment and hospitalization.

He is represented by Michael J Nepple of St. Louis.

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