Railroad seeks dismissal of FELA suit

Steve Gonzalez Sep. 11, 2008, 7:32am

Alton & Southern Railway Company wants Madison County Circuit Judge Nicholas Byron to dismiss a Federal Employers' Liability Act (FELA) complaint, arguing the complaint is "substantially insufficient in law."

The railroad, represented by Donald Dahlmann, argues the issues in a complaint filed by Kevin Wengert have not been sufficiently defined and also that it failed to state any specific date or time regarding the onset of Wengert's claimed injuries.

Wengert filed suit in July claiming since he began working as a trackman in 1995, he has been subjected to noise pollution that has permanently injured his ears and auditory system.

Wengert claims Alton & Southern failed to provide him a safe place to work, failed to provide safe methods of work, failed to provide sufficient manpower and failed to provide safe tools and equipment.

He also claims that his various injuries have and will continue to cause him to suffer great pain and mental anguish, lost wages and medical expenses.

Alton & Southern argues that the time frame alleges makes it impossible to determine whether or not the suit has been brought within the applicable statute of limitations.

The railroad also argues that Wengert does not indicate what part of his work was not reasonably safe and how that condition caused or contributed to his alleged injuries.

Alton & Southern also argues that Wengert failed to provide information as to the specific work he was engaged in when he was allegedly injured, what method or manner of work he was performing and how or in what way the failure to provide safe methods of work would have prevented his alleged injury.

In addition, the railroad argues Wengert failed to state in what manner the manpower supplied was insufficient and in what manner the lack of manpower would have prevented his alleged injuries.

Alton & Southern further argues that the complaint does not state how and in what manner the tools were not safe or suitable for the use to which they were being applied and how different tools would have prevented Wengert's claimed injuries.

Byron has yet to set a date to hear the motion.

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

Attorney Gregory Tobin of East Alton is representing Wengert.

08 L 645

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