EAST ST. LOUIS – Monroe County farmers facing a claim that their tractor derailed a Union Pacific freight train argued on Sept. 22 that Union Pacific caused the derailment.
Kenneth Hartman Jr., Anita Hartman and Joann Hartman claimed Union Pacific negligently loaded the train with heavy cars to the rear.
Their counsel David Nester of St. Louis County claimed Union Pacific is barred from recovering damages because its fault was more than 50%.
The derailment occurred southwest of Fults in 2019.
Union Pacific sued the Hartmans and their Glendell Farms company in U.S. district court this August, claiming repairs cost $3,636,000.
Union Pacific Railroad counsel Riley Mendoza of Chicago identified the Hartmans as agents, servants, employees, managers or owners of Glendell Farms.
Mendoza claimed Union Pacific owned tracks and other property between parts of land the Hartmans owned and its trains regularly traveled on the tracks.
She claimed their employee, Jonah Matthews, used a railroad crossing on numerous occasions while operating tractors, combines, and semi tractors.
She claimed he was operating tractor equipment when a southbound train hit and killed him.
“The force of the collision caused damage to Union Pacific’s railroad property including but not limited to its locomotives, railcars, tracks, right of way, and signal equipment,” she wrote.
Mendoza claimed the Hartmans had a right to control the manner by which Matthews performed his work and were therefore liable for his acts and omissions.
She also claimed they breached a duty to exercise reasonable care and prevent harm, injury, and damage to Union Pacific’s property.
“Their agent unreasonably used a cell phone while operating heavy machinery," she wrote.
Mendoza alleged the Hartmans failed to train employees on the safe passage over railroad tracks.
She claimed they allowed unsafe work practices and were otherwise careless or negligent.
Nester’s answer stated Anita Hartman denied she is the owner of Glendell Farms.
He claimed if Union Pacific’s fault is found to be less than 50%, any verdict awarded to the railroad must be reduced accordingly.
District Judge Stephen McGlynn presides over the case.
David Matthews, father of Jonah Matthews, filed a wrongful death suit against the Hartmans and Glendell Farms in St. Clair County Circuit Court in 2021.
The case remains pending with Circuit Judge Christopher Kolker presiding.