Kenneth Decker filed a two-count Federal Employers’ Liability Act (FELA) complaint Jan. 20 against the Alton & Southern Railway Company seeking to collect at least $50,000 in damages for injuries he received when another train collided with the train on which he was working.
Decker, represented by Stephen Tillery of Korein Tillery in St. Louis, alleges that he suffered injuries to his neck, head, and right shoulder, elbow and arm from an incident that took place on July 28, 2004.
In the complaint, Decker alleges Alton & Southern failed to provide him with a reasonably safe place to perform his duties, failed to provide him with suitable work methods, and adequate personnel, failed to monitor movement of train travel to prevent a collision, and failed to warn him that another train was approaching.
Alton & Southern failed to protect its train movement, Decker claims, by not having an employee keep a proper lookout and failed to sound the locomotive whistle to signal the approach of the train.
As a result of his injury, Decker claims he has lost wages in the past and will continue to lose wages, as well as experienced great pain and suffering, incurred medical expenses and suffered a permanent injury and disability.
In the second count of Decker's suit, he seeks at least $50,000 in damages claiming he was exposed to repetitive and forceful work activities which developed into bilateral carpal tunnel syndrome. The condition has left him with a permanent and severe aggravation to his right and left hands, wrists, and arms, according to the suit.
Decker claims that Alton & Southern failed to monitor the repetitive nature of the work to which he was exposed, failed to provide him with proper warnings concerning the dangers of repetitive and forceful work activities and failed to provide him with suitable hand and wrist protection.
The case has been assigned to Circuit Judge Philip Kardis in Granite City.
05 L 061 (3rd circuit)