A locomotive engineer has filed a lawsuit against a major railroad company, alleging negligence and violations of federal safety regulations. The complaint was filed by Steven Clary in the Superior Court of California, County of Sacramento, on June 6, 2024, targeting Union Pacific Railroad Company.
Steven Clary's lawsuit stems from an incident that occurred on March 9, 2022. On that day, Clary was working as a locomotive engineer for Union Pacific Railroad Company (UP) when he was instructed to perform trackside duties and tie down his train on the mainline track in Galt, California. According to the complaint, Clary and his crew were forced to walk approximately half a mile on unsafe and unstable footing conditions to reach their destination for a crew change. During this walk, Clary encountered tumbleweeds and vegetation obstructing his path. As he attempted to bypass these obstacles by walking up the slope of the ballast with a flashlight and lunch box in hand, the ballast shifted beneath him, causing him to fall and injure his left arm and shoulder.
Clary alleges that UP failed in its duty to provide a safe working environment by stopping the train at an unsafe location without providing a safe walkway or access route. He claims that UP's negligence included failing to comply with applicable rules and regulations such as UP Engineering Instructions 6.2.1, 49 C.F.R. § 213.37, and CPUC General Order No. 118. As a result of this negligence, Clary suffered physical injuries and emotional distress.
The lawsuit also accuses UP of violating specific safety regulations under the Federal Employers' Liability Act (FELA). The first count of negligence under FELA highlights UP's failure to provide reasonably safe tools, equipment, and procedures for work performance. The second count asserts strict liability due to UP's violation of 49 C.F.R. § 213.37, which mandates control over vegetation on or adjacent to roadbeds to ensure it does not interfere with railroad employees performing normal trackside duties. Clary argues that UP's failure to control vegetation played a part in causing his injuries.
The third count alleges that UP violated CPUC General Order No. 118 by failing to maintain its walkways free from vegetation, further contributing to Clary's accident and subsequent injuries.
In his prayer for relief, Steven Clary seeks general damages for his injuries and special damages according to proof yet to be ascertained. He also requests compensation for medical expenses incurred due to his injuries and loss of earning power estimated at approximately $7,000 per month before the incident. Additionally, Clary asks for post-judgment interest as allowed by law and any other relief deemed proper by the court.
The case is being handled by attorneys Anthony S. Petru, Charles S. Bracewell, and Jessica L. Danielski from Hildebrand McLeod & Nelson LLP representing Steven Clary against Union Pacific Railroad Company under Case No.#4023011-2Seo0 in front of Judge N Young Deputy.