Union Pacific named in new FELA complaint in St. Clair County

By Kelly Holleran | Oct 7, 2009

A former Union Pacific Railroad Company employee has filed suit against the railroad, alleging he was injured after he was repeatedly forced to carry heavy objects.

David Brinkley claims he worked as a conductor for Union Pacific from May 29, 1974, through December.

Throughout his career, Brinkley was required to carry heavy, awkwardly shaped objects, to walk on uneven ballast surfaces, to dismount locomotives and railroad cars and to operate poorly maintained switches, causing him to develop a degenerative condition of his spine, according to the complaint filed Sept. 28 in St. Clair County Circuit Court.

Because of his spinal condition, Brinkley has experienced great pain, disability, mental anguish and extreme nervousness and will lose large amounts of income, the suit states.

Included among a number of alleged negligent acts, Brinkley blames Union Pacific for negligently failing to provide Brinkley with a safe place to work, for failing to provide Brinkley with safe equipment, for requiring Brinkley to walk on uneven ballast surfaces, for requiring Brinkley to dismount moving equipment onto uneven ballast surfaces and for requiring Brinkley to repeatedly lift and carry heavy and awkwardly shaped objects.

In the five-count suit, Brinkley is seeking a judgment of more than $250,000, plus costs.

He will be represented by William P. Gavin of Gavin Law Firm in Belleville.

St. Clair County Circuit Court case number: 09-L-512.

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