Conductor claims UP violated federal regulation that led to injuries

David Yates Mar. 3, 2008, 5:47am

A Union Pacific Railroad Co. employee has sued the company, claiming that he was exposed to repetitive trauma during his career. G. David Colbert alleges his injuries were caused because UP violated several federal regulations.

Colbert's suit was filed in the Jefferson County District Court on Feb. 28.

According to the plaintiff's petition, Colbert worked in UP's transportation department as a conductor and brakeman. While performing his duties, he "suffered a repetitive trauma injury."

"Defendant failed to provide Mr. Colbert with a safe place to work," the suit states. "Due to the repetitive trauma, Mr. Colbert suffered an injury/aggravation to his legs, knees, lower extremity and to other parts of his body."

The suit continues by alleging UP failed to comply with industry standards and committed federal violations.

"Mr. Colbert suffered his injury (because UP) was not in compliance with federal track regulations concerning ballast and other track components," the suit said. "Moreover, the equipment he was provided violated the Safety Appliance Act, the Boiler/Locomotive Inspection Act and accompanying federal regulations."

Colbert is suing for past and future mental anguish, lost earnings, impairment, disfigurement and medical expenses.

He is demanding a trial by jury and is represented by attorney Bristol Baxley.

Judge Bob Wortham, 58th Judicial District, has been assigned to the case.

Case No. A181-363

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