Train Conductor Files Suit Against Union Pacific After Losing Footing

A conductor for Union Pacific Railroad has filed a personal injury suit against his employer, alleging that the area he was working in was unsafe and caused him to fall and injure his back and leg.

According to the suit Rodney Smiley filed on October 19 in the Marshall Division of the Eastern District of Texas, Union Pacific failed to properly maintain its cabs, passageways, and compartments.

The suit alleges that the railroad was in violation of the Federal Employer’s Liability Act because it failed to provide him with a reasonably safe workplace.

According to Smiley, Union Pacific knew or should have known that the footing in his area was not safe. He alleges that the defendant failed to correct that condition and failed to provide him a safe workplace, adequate assistance or safe appliances and equipment.

The suit also claims the railroad was in violation of the Locomotive Inspection Act and the Safety Appliance Act.

Smiley seeks damages for physical and mental pain, suffering and anguish, medical costs, economic losses, lost wages, lost earning capacity, pre and post-judgment interest, and attorneys’ fees.