Forum motion on FELA case will be heard, says Moran

Steve Gonzalez Oct. 20, 2005, 3:50am

Circuit Judge George Moran

Circuit Judge George Moran will hear a forum non conveniens motion on a Federal Employers’ Liability Act suit brought by Benton Jefcoat against Norfolk Southern Railway in Madison County Circuit Court on May 3.

Jefcoat claims that during the course of his employment as a maintenance worker for the railroad, he was exposed to repetitive trauma to his body, and in particular, his shoulders, arms, elbows, wrists, and hands which caused him to suffer permanent and serious injuries.

He claims Norfolk was negligent because it failed to provide:

  • A reasonably safe place to work;
  • Safe and suitable tools and equipment to perform the tasks assigned to him; and
  • Reasonably safe methods of work.

    "Jefcoat discovered his condition of ill-being was due to the railroad's negligence around March or April of 2004," the complaint states.

    Jefcoat is represented by Robert Schmieder of Pratt & Tobin of East Alton.

    On Aug. 24 at the request of Norfolk, Moran ruled that Jefcoat cannot continue the motion again after continuing the forum motion on three separate occasions.

    Norfolk is represented by Kurt Reitz of Thompson Coburn of Belleville.

    05 L 429

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