Land owner injured in ground collapse sues CSX Transportation

Kelly Holleran Nov. 19, 2009, 9:22am

A Troy man claims the ground collapsed beneath him into a sinkhole due to defective drainage a railroad company installed on his land.

Denis Dineen filed a lawsuit Nov. 16 in Madison County Circuit Court against Roderick D. Jolliff and CSX Transportation.

Dineen claims he owns land at 9024 Mallard Pointe in Troy where CSX owned and operated railroad tracks and a farm crossing.

At some point before June 12, CSX installed a drainage and water carrying facility at the farm crossing, which Jolliff inspected, according to the complaint.

However, while Dineen stood on the property, it collapsed into a sink hole because CSX improperly installed and Jolliff improperly inspected the water carrying facility, the suit states.

Due to the collapse, Dineen suffered injuries to his head, neck, back and body; lost his normal life; lost wages; and experienced an impaired earning capacity, the complaint says. In addition, Dineen claims he spent great sums of money in an attempt to cure his injuries.

Dineen blames Jolliff and CSX for failing to properly inspect and maintain the drainage at the tracks and for failing to take necessary steps to remedy the sink holes.

In addition, CSX negligently installed an insufficient drainage facility at the farm crossing and imposed an undue risk to the public, according to the complaint.

In the two-count suit, Dineen is seeking a judgment of more than $100,000, plus costs, interest, attorneys' fees and other relief the court deems just.

Kenneth P. Danzinger of Callis, Papa, Hale, Szewczyk and Danzinger in Granite City will be representing him.

Madison County Circuit Court case number: 09-L-1229.

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