CSX sues Collinsville claiming workers left equipment on tracks

Kelly Holleran Jan. 19, 2009, 5:46am

CSX Transportation has filed suit against the city of Collinsville and Collinsville Township, alleging more than $300,000 worth of damage was done to one of its trains after employees of the city left a crawler dozer sitting on the tracks.

Collinsville employees were performing construction work near the Mulberry Bridge Project site in Collinsville on Jan. 11, 2008, and left a John Deere crawler dozer parked on the railroad tracks overnight, according to the complaint filed Jan. 12 in Madison County Circuit Court.

When a CSX train was driving east on tracks near the site on the morning of Jan. 12, 2008, it collided with the crawler dozer because it did not know the dozer was sitting on the tracks, the suit states.

The resulting damage to the locomotive and railroad track was $313,855.36, CSX alleges.

Collinsville, through its employees, negligently acted in a willful and wanton manner by failing to properly safeguard and secure its construction equipment, according to the complaint.

The city was also negligent by failing to properly train its employees on how to properly secure its construction equipment, by failing to properly supervise its employees and by failing to properly monitor security at its construction site, the suit states.

In the four-count suit, CSX is seeking a judgment of $1.25 million, plus costs and other relief the court deems just.

It is represented by James A. Bax and Richard F. Nash of Boyle Brasher in St. Louis.

Madison County Circuit Court case number: 09-L-0025.

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