BENTON - A California man claims he suffered "catastrophic injuries" while unloading vehicles from a railcar that was allegedly repaired by a company in East St. Louis.
Myron Sandoval filed the complaint on May 14 in the U.S. District Court for the Southern District of Illinois against Metro East Industries Inc alleging "negligent and wrongful conduct." Sandoval resides in San Pablo, Calif.
According to his complaint, Sandoval claims he suffered “catastrophic injuries” on May 29, 2018 while he was working as a loader/unloader at the BNSF automotive railyard in Richmond, Calif. He was 19 years old at the time. Sandoval alleges he and his co-workers operated a manual winch to raise the hinging B-deck of BNSF railcar 314110 when the winch cable system allegedly failed and caused the deck to fall on Sandoval.
Sandoval alleges that on Nov. 30, 2016 BNSF Railway Car Number 314110 arrived at the Tennessee Autorack LLC to replace a broken deck cable. The cable was replaced with an original equipment manufacturer cable. Following an inspection, the railway car was released for service on Jan. 3, 2017. On Feb. 3, 2017 the railcar arrived at Metro East Industries in East St. Louis for more repair work. The defendant performed the work, including repairing the hinging B-decks, the deck winches, cables and related equipment of the A-Unit and the B-Unit of the railcar, the suit states.
On Feb. 16, 2017 the railcar was again released for service. Sandoval alleges the car repair billing for that railcar indicates that the hinging B-decks, deck winches, cables and related equipment of the A-unit and B-unit were not serviced, adjusted, replaced or repaired again until the day of his injury.
On May 29, 2018, Sandoval was employed by American Auto Works LLC and was working at the railyard located at 980 Hensley Street in Richmond, Calif. He was working inside the railcar and was operating a winch to raise the hinging B-deck to unload vehicles. During his work, Sandoval claims the winch cable system failed, causing the hinging B-deck to fall.
Sandoval alleges the defendant improperly repaired the railcar by failing to replace frayed winch cables, manufacturing and installing cable assemblies that are unfit for the intended purposes, improperly installing cable assemblies, failing to inspect the hinging B-decks for defects, failing to inspect lock bars for straightness, and failing to inspect the pawl and pawl spring for alignment and function.
He also accuses the defendant of not using original manufacturer parts while performing repair work on the railcar.
As a result, Sandoval alleges he suffered injuries, including a concussion and other brain injuries, a fractured spine, mental and physical pain and suffering, and other injuries. He also claims he suffered economic damages “as a direct and proximate result of defendant’s negligent and wrongful conduct in connection with its repair of BNSF railcar 314110.”
Sandoval seeks a judgment in his favor of more than $75,000, plus costs.
He is represented by Scott Levy of the Law Offices of John E. Hill APC in Oakland, Calif.
US District Court of the Southern District Court of Illinois case number 3:20-cv-00452.