A passenger in a vehicle struck by a Union Pacific train on Old Freeburg Road in Belleville is suing the railroad and the car's driver for permanent injuries he sustained in an accident June 6, 2003. He is represented by the Belleville law firm McGlynn & McGlynn.
In a suit filed June 3 in St. Clair County Circuit Court, Odie Lacy claims that a brain injury has left him with memory impairment, speech and stuttering problems, cognitive deficits, personality and mood disorders and depression. He and his wife, Olivia, are seeking at least $120,000 in damages.
Hollis Beamon was the car's driver. He is named in the suit, as well as Union Pacific, the train's engineer, Todd Logan of Centralia and Canadian National Railway.
According to the eight-count suit filed by Michael McGlynn, older brother of Stephen McGlynn--who will become an appellate court judge next month, Lacy alleges that he suffered severe spinal, neurological and orthopedic injuries and his injuries requires substantial medical and pharmacological treatments in the past and will into the future.
His complaint states that the train was traveling at a dangerous rate of speed and it did not timely, audibly warn of its approach to the intersection.
Lacy also claims Union Pacific failed to properly educate and instruct its employees on safe methods of work.
The suit alleges Canadian National was negligent because the railroad crossing had an inadequate approach sight distance. The crossing also was not adequately clear of brush, trees, debris and other visual obstructions and visual clutter and that these complaints have been repeatedly ignored, Lacy claims in the suit.
The complaint accuses Beamon of failing to yield and keep a proper lookout.
Lacy's injuries require him to employ assisted living and home health care services and he has been rendered totally incapacitated from any gainful employment for the rest of his life, according to the suit.
He claims tremendous physical pain and suffering, mental anguish, and has lost substantial income and benefits.
Olivia Lacy claims she has suffered a loss of consortium and companionship as a direct result of the injuries suffered by Odie, as well as a loss of past and future income.
05 L 331 (20th Circuit)
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Canadian National Railway