Collignon Gunn

Madison County Circuit Judge Dennis Ruth has opened a trial in a case against CSX Transportation brought by a worker claiming back injuries allegedly suffered at a St. Clair County work site.

Motions in limine took up most of Tuesday morning.

Jury selection was still ongoing after 1 p.m.

Plaintiff Russell Aper is suing for at least $50,000 in damages and other relief.

He claims that while working as a foreman for the company he injured his back loading angle bars onto a company truck.

He claims the company did not provide a safe work environment, safe equipment and that it failed to warn him.

CSX denies the claims. It claims that Aper did not exercise ordinary care and that the plaintiff was negligent in causing his injuries.

Ruth entered an order Tuesday granting a plaintiff's oral motion to drop one count of the suit without prejudice.

Amy Collignon Gunn represents Aper.

Richard Nash represents CSX.

The case is Madison case number 07-L-592.

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