Illinois Central sued by helper claiming hand brake malfunctioned

Kelly Holleran Dec. 8, 2011, 12:48am

A railroad worker has filed suit against the companies that he claims owned a rail car that contained a malfunctioning hand brake, which caused him to sustain right shoulder injuries.

Darrell Elmore claims he was employed as a train helper and was working on a rail car owned by defendants Illinois Central Railroad Company and CN Transportation Limited on May 10, 2010. At the time, Elmore did not realize that a hand brake – used for moving the train car – was not properly functioning. When Elmore attempted to use the brake, it failed to properly release, causing him to sustain right shoulder injuries, according to the complaint filed Nov. 30 in Madison County Circuit Court.

In addition to his right shoulder injury, Elmore experienced great pain and suffering, incurred medical costs and lost large sums of money because of his inability to pursue his normal occupation, the suit states.

Elmore blame Illinois Central Railroad Company and CN Transportation Limited for causing his injuries, saying they negligently failed to inspect and maintain the hand brake, failed to repair and replace the hand brake and failed to warn users of the brake.

In his two-count complaint, Elmore seeks a judgment of more than $100,000, plus costs.

Matthew R. Chapman of Becker, Schroader and Chapman in Granite City will be representing him.

Madison County Circuit Court case number: 11-L-1270.

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