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MADISON - ST. CLAIR RECORD

Monday, May 20, 2024

Switchman alleges railway negligence caused injuries from malfunctioning locomotive

Lawsuits

BELLEVILLE -- A switchman is suing a railway company, alleging he was injured when a locomotive derailed.

Steven Zimmerly filed suit Aug. 7 against The Alton & Southern Railway Company (A&S) in St. Clair County Circuit Court, alleging negligence. 

According to the complaint, on Jan. 24, 2018, Zimmerly was a switchman for A&S in its bowl yard in East St. Louis. The suit alleges the locomotive Zimmerly was riding went over a track switch that failed. The engine subsequently hopped over the tracks and derailed. 

Zimmerly alleges he sustained injuries to his head, neck, back, shoulders, left arm and hands, and had to undergo cervical spine injections, a cervical discectomy and fusion of the C3-C4 level. He says he also suffered disfigurement, emotional distress and medical expenses. The suit states the plaintiff has lost wages and benefits and his earning capacity has declined.

Zimmerly alleges his "injuries were caused, in whole or in part,"  by A&S not providing safe working conditions, not inspecting its track and switches consistently, not lining its track and switches properly, not offering sufficient help for Zimmerly to complete the task, and failing to provide proper safety measures for the locomotive like restraints, lap belts and harnesses.

A&S declined to comment on the case.

Zimmerly seeks judgment in excess of $50,000, trial by jury and court costs. He is represented by attorneys Nelson G. Wolff and Celia K. Douglas of Schlicter, Bogard & Denton in St. Louis.

St. Clair County Circuit Court Case number 19LO563

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