BELLEVILLE — A locomotive inspector is suing Union Pacific and a co-worker after he was allegedly forced to take medical leave due to physical harassment.
John McCarthy filed a complaint on Feb. 14, in the St. Clair County Circuit Court against Union Pacific Railroad Company and Glen Elliot, alleging they violated the Federal Employer's Liability Act.
According to the complaint, the plaintiff alleges he became a target of physical harassment between February 2016 and June 2016 after he was injured in a motor vehicle crash and suffered injuries to his neck and back.
As a result, he claims the harassment caused further pain and injury to his neck. He alleges no action from the company was taken to prevent or stop the conduct.
McCarthy claims he had to leave his position on medical leave, causing him to suffer pain, lost wages and medical expenses.
The plaintiff alleges Union Pacific failed to have an effective system in place to protect employees from abusive co-workers, hired and retained Elliot when it knew that he was abusive to his co-workers and caused the plaintiff to fear imminent physical contact initiated by Elliot.
The plaintiff requests a trial by jury and seeks an award of compensatory and punitive damages and all other relief the court deems just and proper.
He is represented by Charles W. Armbruster and Michael T. Blotevogel of Armbruster Dripps Winterscheidt and Blotevogel, LLC in Maryville and Shaun M. Lieser of Lieser Law Firm, LLC in St. Louis.
St. Clair County Circuit Court case number 17-L-67