EAST ST. LOUIS - A conductor is suing Illinois Central Railroad Company for $2 million after he claims he had to jump from the train as a collision was imminent during a shoving move, causing him to suffer spinal injuries and permanent disability.
Randall Scott Grubbs filed a federal lawsuit on Nov. 18 in the U.S. District Court for the Southern District of Illinois Benton Division against the Illinois Central Railroad Company, alleging negligence and violation of provision 49 C.F.R. 220.49.
According to the complaint, Grubbs was employed as a conductor for the Illinois Central Railroad Company for more than 20 years. He claims that on Dec. 10, 2020, he and his crew were making a shoving move on Track CA-60 at Cairo, which is where the locomotive engine pushes the train cars instead of pulling them. Grubbs positioned himself on the ladder of the lead car to act as the "eyes of the engineer." He claims that when he gave the 10-car count, the engineer did not acknowledge the information. Grubbs alleges he saw an obstruction ahead as the cars from an adjacent track were far enough out to cause a collision. He radioed for the engineer to stop, but nothing happened. He claims he attempted to reach an angle cock to stop the train in an emergency, but there wasn't enough time as the train was traveling 9 mph. Grubbs claims a collision was imminent, so he jumped and went down an embankment.
As a result, he suffered permanent injuries to his spine and had to undergo multiple spinal surgeries, leaving him permanently disabled.
Grubbs alleges he was caused to suffer damages of past lost wages and benefits, future lost wages and benefits and impairment of earning capacity, past and future medical expenses, past and future physical pain and mental anguish, loss of ability to enjoy usual and normal activities of life and permanent disability.
Grubbs seeks a sum in excess of $2,000,000. Grubbs is represented by James H. Wettermark of Wettermark & Keith LLC in Birmingham, Ala.
District Court Southern District of Illinois Benton Division case number 3:21-cv-01448-JPG