Union Pacific files motion to compel in workplace injury suit

Heather Isringhausen Gvillo Dec. 9, 2015, 10:01am


Union Pacific seeks to compel its employee to answer its interrogatories in a suit alleging injuries from a workplace accident.

Union Pacific Railroad Co. filed a motion to compel on Nov. 12 through attorneys Thomas Jones, Harlan Harla and Michael Vogel of Thompson Coburn in Belleville.

Union Pacific alleges the plaintiff has failed to answer the defendant’s first interrogatories.

Further, the plaintiff objected to the number of supplemental interrogatories in the defendants first supplemental interrogatories filed on Oct. 5. However, Union Pacific argues that it is entitled to “propound” supplemental interrogatories in order to know the exact railcar the plaintiff was allegedly injured on.

Plaintiff Charles Davis, a car man for the rail company, filed the lawsuit on July 28 against Union Pacific. He alleges he was injured on Jan. 21 while “attempting to close an outlet gate on a ballast car,” the suit states.

Davis alleges the defendant failed to provide a safe workplace, failed to provide a safe task and safe equipment, failed to provide adequate assistance and training, failed to provide supervision, failed to inspect its equipment, failed to replace a defective outlet gate and failed to wait until Davis had the proper training to perform the task.

Union Pacific answered the complaint on Aug. 28 denying the allegations against it.

The defendant argues that the plaintiff contributed to his alleged damages. It also argues that the alleged injuries were caused by preexisting conditions.

Davis seeks damages of more than $50,000, plus costs.

Circuit Judge Andrew Gleeson scheduled a motion hearing for Dec. 22 at 9 a.m. He also scheduled a status conference for February 29.

The plaintiff is represented by Jerome J. Schlichter and Nelson G. Wolff of Schlichter, Bogard and Denton in Belleville.

St. Clair County Circuit Court case number 15-L-424

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Organizations in this Story

Union Pacific
1400 Douglas St
Omaha, NE 68179

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