St. Clair County Circuit Judge Vincent Lopinot dismissed a Union Pacific employee’s personal injury case on March 31 after the parties agreed that dismissal was proper.
According to the Jan. 15 complaint, James Yazzie was working for the railroad on Feb. 2, 2012, when a set of steps collapsed, injuring his finger.
As a result of the incident, Yazzie claimed he suffered great pain and mental anguish, lost money and experienced a diminished earning capacity. He also claimed he incurred medical costs.
Union Pacific was accused of negligently failing to provide safe tools to perform the assigned task, failing to provide Yazzie with proper equipment, failing to provide proper personal protective equipment, failing to provide proper supervision, failing to warn of hazardous conditions and allowing unsafe practices to become standard, the complaint states.
Union Pacific filed a motion to dismiss Yazzie’s complaint on Feb. 23 through attorney Thomas E. Jones of Thompson Coburn in Belleville. The defendant argued that Yazzie failed to allege any facts as to when, where and how Union Pacific was negligent.
“Plaintiff’s allegations simply allege that on February 2, 2012, he was injured when a set of steps collapsed and injured his finger while working in Roseville, California,” the motion stated.
Union Pacific also argued that the plaintiff failed to make allegations supporting any breach of legal duty owed by the defendant.
Further, Union Pacific claimed the alleged incident occurred more than three years ago in California and had no connection to St. Clair County.
Yazzie sought a judgment of more than $50,000.
Gregory M. Tobin of Pratt and Tobin in East Alton represented Yazzie.
St. Clair County Circuit Court case number 15-L-18