Alton & Southern Railway argues that an employee who was struck by a locomotive contributed to his own injuries by negligently operating his truck in an active rail yard.
Dwayne Buchannon filed the complaint Jan. 7 against the railway, which is a subsidiary of Union Pacific.
According to the complaint, Buchannon claims he was working for the defendant on Jan. 13, 2017 and was driving eastbound in the rail yard. He was inspecting and making repairs when he was allegedly struck by a locomotive.
Buchannon claims the defendant negligently failed to keep a careful and diligent lookout, drove too fast for the conditions and failed to keep the locomotive under control so it could be stopped at the first sign of danger.
As a result, the plaintiff claims he suffered injuries to his neck, back and upper left extremity.
Alton & Southern Railway answered the complaint on Feb. 20 through attorney Kurt Reitz of Thompson Coburn LLP in Belleville.
In its affirmative defenses, the defendant argues that Buchannon contributed to his own injuries by failing to follow applicable rules and practices regarding his work, failing to exercise reasonable care when operating or occupying a truck in an active rail yard, failing to yield right-of-way to an oncoming train in an active rail yard, operating or parking his truck in insufficient clearance of a railroad track, and failing to avoid being struck by a train.
The defendant also argues that the medical records show the plaintiff did not incur any injuries to his neck, back or left upper extremity from this incident. The alleged injuries “are the result of longstanding pre-existing degenerative conditions not caused by the incident at issue.”
Kristin South, Union Pacific’s senior director of corporate communications and media relations, previously said, “Safety is our top priority, and we provide ongoing training to all employees. We vigorously to defend ourselves against this lawsuit.”
Buchannon is represented by Thomas Q. Keefe of Belleville and Mark J. Becker and Thomas E. Fagan of the Hulverson Law Firm in St. Louis.
St. Clair County Circuit Court case number 20-L-20