A trial against Dynegy Midwest Generation is scheduled to begin at 9 a.m. on Nov. 10, in Madison County Circuit Judge Barbara Crowder's courtroom.
The trial was originally scheduled to begin in October, but was continued.
Plaintiff Donald Breitweiser, an employee for Fire Safety, Inc., filed suit in January 2006, alleging he was injured while working on a bulldozer at the Dynegy Midwest Generation plant in Alton on May 11, 2005.
Breitweiser claims that while attempting to gain access to the engine compartment on a D9 Caterpillar bulldozer, a pin broke, causing the shield to become dislodged which caused him to lose his balance and fall of the bulldozer.
He claims Dynegy allowed the pin to become rusty, corroded and in a state of disrepair.
Dynegy Midwest Generation is a power plant that uses coal to generate electricity.
According to Breitweiser, the bones, nerves, ligaments, muscles and tendons of his right arm and shoulder were greatly bruised, broken, crushed and displaced due to falling of the bulldozer.
Breitweiser is represented by Roy Dripps of the Lakin Law Firm in Wood River. He is seeking damages in excess of $50,000.
According to court filings, Dynegy will tell jurors the "evidence overwhelmingly favors" them and established that the condition of the pin was so inconspicuous that it could not have been discovered through the exercise of reasonable care.
Dynegy is represented by Stephen Beimdiek of St. Louis.
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