East St. Louis man alleging attack on Bi-State platform adds defendant; jury trial set

An East St. Louis man claiming he was attacked while aboard a metro link train amended his complaint, adding defendants to the lawsuit.

According to James E. Mosley’s lawsuit filed Aug. 29, 2012, he claims he was riding on July 4 when he was attacked while attempting to exit the train.

Mosley filed his first amended complaint on Dec. 6, adding Securitas Security Services USA, doing business as Securitas Security, to the list of defendants. He argues that the additional defendant was providing security for the Bi-State platform at the time of the incident.

Bi-State Development Agency answered the amended complaint on Dec. 19 through attorney Terese A. Drew and Yvette M. Boutaugh of Hinshaw & Culbertson LLP in St. Louis denying the allegations against it.

It also filed five affirmative defenses claiming it was protected under the Tort Immunity Act and that Mosley was not injured to the extent he claims.

Bi-State argues Mosley’s alleged injuries are directly caused by his own fault or that of a third party, barring him from recovery from Metro.

Mosley blames Bi-State for negligently failing to warn him of the dangerous conditions, failing to provide adequate security and failing to provide proper equipment to its security force.

St. Clair County Associate Judge Richard Aguirre scheduled a jury trial for June 9 and a hearing for March 15.

The plaintiff seeks a judgment of more than $50,000.

David H. Bone of David H. Bone LLC in Belleville represents Mosley.

St. Clair County Circuit Court case number 12-L-449