Locomotive engineer Donald Gibson is suing his former employer, Illinois Central Railroad Co., after a collision on the tracks.
Gibson accuses his employer of negligence for the June 25, 2007 incident when free-rolling railcars allegedly collided with his train. Gibson says the incident caused him permanent and disabling injuries.The lawsuit was filed June 3 in federal court in New Orleans.
Gibson claims the defendant allowed the railcars to come off a hump and collide with his train. Gibson says Illinois Central Railroad violated federal guidelines when the operator of a remotely-controlled switch failed to protect him from the crash.
Gibson is accusing Illinois Central Railroad Co. of negligence for failing to provide a safe place and safe manner within which to work and failing to monitor and control the movement of cars within their yard.
Gibson says the defendant failed to notify him that free-rolling cars were being directed onto his track or warn of an imminent collision.
Gibson is seeking damages for pain and suffering, permanent disfigurement, disability, lost wages, permanent impairment, medical expenses, interest and court costs.
Joseph Miller and Benjamin Saunders of Davis Saunders Law Firm in Mandeville and John Kujawski and Robert Marcus of Kujawski & Associates in O'Fallon, Illinois are representing Gibson.
U.S. District Judge Mary Ann Vial Lemmon is assigned to the case.
Case No. 2:10cv01641