BENTON – A locomotive engineer is suing over injuries he purportedly suffered while on the job.
Mark A. Simpson filed the suit Feb. 17 in U.S. District Court for the Southern District of Illinois against CSX Transportation Inc., citing negligence under the Federal Employers' Liability Act, and also for strict liability under the Federal Safety Appliance Act and Code of Federal Regulations.
According to the complaint, on June 3, 2015, the plaintiff reported for work at the defendant's Rose Lake Yard in East St. Louis and was assigned to take the train from East St. Louis to Evansville, Indiana. When the train was assembled, the End of Train device was allegedly tested, inspected and attached to the train's air braking system on the last railroad car by a carman employed by the defendant.
After the train's departure, as the plaintiff was allegedly in the locomotive cab of the lead engine of the moving freight train near Salem, the train went into emergency stop application due to an apparent failure of the End of Train device. The force of the impact allegedly caused the plaintiff personal injuries.
In addition to his injuries, plaintiff alleges he has endured disability, pain and suffering, medical expenses, wage losses and other recoverable damages.
He seeks damages in a dollar amount sufficient to satisfy the jurisdictional limitations of the court, court costs and other damages the court deems proper. He also demands a trial by jury. He is represented by Robert E. Harrington Jr. and Robert E. Harrington III of Harrington, Thompson, Acker & Harrington LTD in Chicago and by John T. Papa and Larry A. Calvo of Callis, Papa & Scewczyk in Granite City.
U.S. District Court for the Southern District of Illinois case number 3:16-cv-170