Madison - St. Clair Record

Thursday, October 17, 2019

Conductor sues St. Louis rail carrier for injuries

By Michael Abella | Sep 30, 2016

EDWARDSVILLE — A Madison County man is suing a railroad carrier, alleging the defendant's negligence led to the plaintiff suffering injuries. 

Bradley Herzberg filed a lawsuit Sept. 13 in Madison County Circuit Court against the Terminal Railroad Association of St. Louis, alleging violation of the Safety Appliance Act and the Federal Employers' Liability Act.

According to the complaint, on Feb. 20, 2014, while Herzberg was standing near a hump at the defendant's rail yard in Venice, Ill., he was assisting in transferring cars from the train. The suit says Herzberg was injured when an improperly used flexible hose bypassed the malfunctioned automatic braking system of the train. 

The lawsuit states he suffered injuries to his lower back, great pain and mental anguish, causing Herzberg to expend more than $50,000 in medical expenses. The plaintiff alleges the defendant failed to provide a safe place to work and failed to warn Herzberg of the defective makeshift device used to bypass the defective safety appliance.

Herzberg seeks trial by jury, judgment of more than $50,000, plus costs of suit. He is represented by attorney John T. Papa of Callis Papa & Szewczyk PC in Granite City.

Madison County Circuit Court case number 16-L-1301

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Callis Papa & Szewczyk Madison County Circuit Court

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