Railroad Workers File Suit over Illinois Train Accident

By Daniel Hawn

Published on March 31, 2008

Engineer William Patrick Kirby and conductor Ryan Allgier claim they sustained permanent injuries when the train they were operating derailed en route from Marion to Joppa, Illinois. The accident occurred around 12:30 a.m. on March 19 as the train passed through an area approximately 35 miles southeast of Carbondale. Kirby and Allgier both filed their lawsuits under the Federal Employers' Liability Act.

Kirby claims that the accident left him with serious injuries to his head, neck, spine, back, and internal organs. In his lawsuit, he accuses Union Pacific of ignoring warnings from employees about dangerous track conditions caused by recent rains. He is seeking more than $5 million for his alleged damages, which include medical expenses, pain and suffering, and lost income and fringe benefits.

U.S. District Judge G. Patrick Murphy will preside over the case.

Allgier claims the accident caused debilitating injuries to his head, neck, back, arms, legs, and internal organs. He is seeking $75,000 in compensation for medical costs, lost income and fringe benefits, and pain and suffering.

Allgier's case has been assigned to U.S. District Judge J. Phil Gilbert.

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