Union Pacific worker Nathan Musgraves of Paragould, Ark., has filed a Federal Employers' Liability Act suit in St. Clair County Circuit Court, claiming he was injured by a door that hit him in the back.
Musgraves, who worked as a tie plug operator for the railroad's Maintenance of Way Engineering Department, claims he had been transferred to the railroad's Dupo facility when the incident occurred Dec. 23, 2007.
"Plaintiff's duties at said yard, shop, or facility required him to enter and use an 18 wheeler box trailer to get a switch heater," states the complaint filed July 23.
"While entering said 18 wheeler box trailer to get the aforementioned switch heater the wind catch (sic) the door to said box trailer and slammed into Plaintiff's back."
Musgraves claims he has suffered permanent disfigurement and disability resulting from his injuries. He also claims the incident aggravated a pre-existing condition and required surgical treatment.
According to the lawsuit, the railroad was negligent for failing to provide a latch to secure the door on the 18 wheeler trailer.
Musgraves is represented by Zane T. Cagle and E. Ryan Bradley of St. Louis. He is seeking in excess of $100,000 in damages.
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