Machine operator claims cumulative trauma in suit against Union Pacific

By Kelly Holleran | Dec 8, 2008

A former Union Pacific Railroad employee has filed suit against the company, alleging he sustained severe and permanent injuries to his neck, back, shoulders, knees and skin because of his work for the company.

While James A. Wojtowicz was working as a machine operator, he was required to perform the duties of his job and experienced long-term cumulative trauma and excessive whole body vibration injuries because of the duties, according to the complaint filed Dec. 5 in St. Clair County Circuit Court.

Because of his injuries, Wojtowicz suffered disability, which caused him pain and mental anguish, and has lost earnings, the suit states.

Wojtowicz also claims he incurred medical costs and his future earning capacity has been seriously diminished.

Union Pacific Railroad was negligent because it failed to provide Wojtowicz with a reasonably safe place to work, failed to provide Wojtowicz with safe and proper tools, failed to provide Wojtowicz with reasonably safe methods to perform his work, failed to provide him with proper supervision and failed to warn Wojtowicz about the development of cumulative trauma leading to his injuries, according to the complaint.

Wojtowicz is seeking a judgment in excess of $50,000, plus costs.

Michael G. Burnworth of Blunt and Associates in Edwardsville will be representing him.

St. Clair County Circuit Court case number: 08-L-627.

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