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MADISON - ST. CLAIR RECORD

Wednesday, April 24, 2024

Jury rules for defense in St. Clair County FELA lawsuit

A St. Clair County jury has ruled for CSX Transportation in a former worker's injury case.

Jurors in Circuit Judge Vincent Lopinot's courtroom on Friday sided with the railroad over plaintiff Dennis Hartman who claimed he twisted his knee while working at the railroad's Rose Lake Yard in East St. Louis.

"The jury got it wrong," said plaintiff's attorney James Duckworth of Philadelphia. "They did their job. I just think they got it wrong."

Defense attorney Charles Swartwout did not return a phone call seeking comment.

At trial Duckworth accused CSX of complacency and of leaving safety hazards in their railroad yard.

“A reasonably prudent company does not allow those hazards to exist,” Duckworth said.

“This is an ongoing, operating railyard, and it’s dangerous.”

Swartwout told the jury “the evidence will be the facts.”

He said that Hartman had “in-stage degenerative arthritis in his knee,” and that his chronic osteoarthritis is a condition that can be aggravated.

“Anything could have aggravated his knee,” Swartwout said.

Andrew Corkery of Boyle Brasher also represented the defense.

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