CSX worker claims injuries in cutting rails

Kelly Holleran Feb. 5, 2010, 6:53am

A man claims he sustained injuries to his neck, lower back, spine and shoulders after he fell while attempting to cuts rails.

Dennis Hetterscheidt filed a lawsuit Feb. 1 in St. Clair County Circuit Court against CSX Transportation.

Hetterscheidt claims he worked as a traveling maintenance-of-way employee for the company until Oct. 17, 2007.

According to the complaint, Hetterscheidt's employment ended the day after he fell while cutting rail for the company and sustained severe and permanent injuries to his various body parts.

In addition to his injuries, Hetterscheidt experienced pain, suffering, disfigurement and disability; lost wages; and sustained an impaired earning capacity. In addition, he incurred medical costs, the suit states.

Hetterscheidt blames CSX for his injuries, saying the company was guilty of a number of negligent acts including its failure to provide Hetterscheidt with a safe work place, its failure to provide safe work methods, its failure to inspect and maintain its track, its failure to provide Hetterscheidt with proper tools and equipment and its requirement that Hetterscheidt walk on uneven ground.

Hetterscheidt seeks a judgment of more than $50,000, plus costs and pre-judgment interest.

Robert Marcus of Kujawski and Associates in O'Fallon will be representing him.

St. Clair County Circuit Court case number: 10-L-46.

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