Track switch injures worker's shoulder, suit claims

Steve Gonzalez May 21, 2008, 7:22am

William Wiley filed a personal injury suit against Granite City based Tube City IMS, LLC. alleging he was injured on April 1, 2007, when he attempted to throw a switch which locked up.

According to the complaint filed May 14 in Madison County Circuit Court, Wiley was employed as a switchman for United States Steel when he was injured.

Wiley claims Tube City owned and maintained a track switch located on Tube City's property.

He claims an inspection of the switch revealed that the switch assembly was defective in that the lever would drop out of position when the switch was being thrown, causing the switch to suddenly lock without warning.

Wiley claims that after his accident, Tube City replaced the switch with a newer and safer model.

According to Wiley, Tube City negligently failed to inspect, maintain, repair or replace the switch and failed to warn users that the switch posed a hazard when used in a foreseeable manner.

Represented by Matthew Chapman of Granite City, Wiley claims the defective switch caused severe and permanent injuries to his left shoulder that caused and will continue to cause great pain and suffering, medical expenses and lost wages.

He is seeking damages in excess of $50,000, plus costs.

The case has been assigned to Circuit Judge Daniel Stack.

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