An Oakwood, TX, man is suing his employer, Union Pacific Railroad Company, seeking medical care and for other damages after he was injured in a collision on the job.
According to court discovery documents, Ronnie Gene Rowan, Jr. filed suit Aug. 14 against Union Pacific Railroad Company in the 133rd District Court of Harris County, TX.
According to the filing, Rowan was testing signals on the rail in a truck traveling southbound at 25 miles per hour to clear up the rail in Buffalo for which he had a track warrant. It states as he was coming around the curve that was obstructed by trees and the visibility was obscured, he saw a ballast regulator ahead of him.
The complaint says the plaintiff, “stopped, tried to put his truck in reverse but didn’t have enough time” and the ballast regulator hit him head on.
The filing says the collision was severe and that the air bag in the plaintiff’s truck did not deploy, causing his knees and upper body to hit the front of his truck and resulting in injuries to his back, shoulders, head, neck, chest and knees. It adds the truck was totaled.
The complaint says, “The Tamper operator did not have authority to occupy the track in the area plaintiff was working and he gave no warnings to plaintiff which had authority to occupy the area.”
The filing says that prior to his injuries, Rowan was a “strong able-bodied man” capable of doing his job as a signal maintainer for the railroad, and that he was injured “as a result of UPRR’s failure to give proper track authority.”
The plaintiff alleges the defendant was negligent in providing a reasonably safe place to work; occupying the mainline track without authority in violation of Maintenance of Way Rules; failing to warn the plaintiff they were violating his location without authority; failing to provide a safe track area to work due to improper dispatcher authorization; and in allowing unsafe work practices to become the standard work practices.
The plaintiff is asking damages for past and future medical treatment, physical pain and suffering, mental and emotional pain and suffering, medical bills, lost benefits and wages, and legal costs. He seeks actual damages, interest, court costs, and all other just relief.
The plaintiff is represented by Robert M. Tramuto of the law firm of Jones Granger in Houston.