Illinois Central repairman files FELA complaint

Kelly Holleran Dec. 2, 2008, 4:51am

An Illinois Central Railroad employee has filed suit against the company, claiming he was injured during his tenure as a track repairman and machine operator.

Timothy Story began working for Illinois Central Railroad on May 6, 1970, according to the complaint filed Nov. 24 in St. Clair County Circuit Court.

Throughout his employment, his back and lumbar spine were exposed to repetitive motion, repetitive heavy lifting, repetitive forceful movements and awkward positions for extended periods of time, the suit states.

"During his tenure with Defendant, Plaintiff was negligently, in whole or in part, required and instructed by Defendant to lift, carry, pull and push on heavy tools and equipment, walk and work on uneven terrain, and use other hand tools common to Trackmen/Machine Operators for unreasonably extended periods of time on a daily and continuous basis," the suit states.

Because of his work, Story was diagnosed with cumulative injuries to his arms and hands, he claims.

Because of his injuries, Story claims he incurred mental and physical pain and suffering, lost wages and medical expenses.

He also suffered nervousness and mental anguish, the movement of his body has been impaired and his ability to work in labor in the future has been severely and permanently diminished, according to the complaint.

Before his injuries, Story claims he was "an able-bodied man, capable of performing heavy, strenuous manual labor and had been doing so while working for the Defendant," the suit states.

Illinois Central Railroad was negligent because it failed to provide Story with reasonably safe, necessary and proper equipment and protective equipment, failed to provide Story with proper supervision and failed to warn him of hazardous conditions, the suit states.

Story claims Illinois Central Railroad negligently also allowed unsafe practices to become standard, assigned Story work which it knew would result in injury to him, failed to provide Story with a safe place to work, directed him to hand operate various vibrating tools without personal protective equipment and assigned Story duties that it knew were beyond his physical capacity.

In the two-count suit, Story is seeking a judgment in excess of $50,000, plus court costs.

William P. Gavin of the Gavin Law Firm in Belleville and Jones and Granger of Little Rock will be representing him.

St. Clair County Circuit Court case number: 08-L605.

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