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(314) 500-HURTThis article originally appeared in our July 2015 issue of Justice Matters
Gary represented John Leslie, an employee of the National Park Service (NPS) at the Gateway Arch.
Leslie, a brilliant self-taught electrician and repairman, specialized in repairing and maintaining the Gateway Arch
tram system. As most St. Louisians and many tourists from around the world have experienced, the tram is a unique
creation designed specifically for the Arch. Like a train following tracks, the tram carries up to 6400 people each day
up and down the Arch, adjusting its horizontal and vertical position as it climbs. Prior to his career with NPS, John
was an electrician at Daimler Chrysler. He enjoyed learning about the Arch’s unique system and became the “go-to guy”
when the tram needed repairs.
On February 9, 2011, Guarantee Electric employees were replacing the sensors that helped stop the tram at the top of the
Arch. One of the electric relay switches malfunctioned and Leslie went down to the machine shop to get a replacement. On
his return ascent, Leslie rode on the outside of the tram on a cow-catcher fastened to the lead car (as all NPS
employees are trained to do). Riding this way enables workers to monitor tram operation and exit the tram when a tram
operator is not present. However, when the tram approached the south apex, it didn’t stop and proceeded into the
bulkhead at the end of the train. The train and the metal wall pinned and crushed John. His co-workers and rescue
personnel pulled him out and brought him down from the top of the Arch. He suffered a fractured sternum and multiple
broken ribs. Several media outlets reported the story.
The good news is Leslie is now healthy, working another job and has not dwelled on his ordeal. He recovered benefits
from his employer and we pursued a civil claim against Guarantee. We filed suit, litigated and took many depositions in
the case, learning a great deal about Arch tram operations in the process. Defendants removed the case from St. Louis
City Court to Federal Court as the incident occurred on federal land. Did you know if a case arises on exclusively
federal land then a federal court has original jurisdiction? However, because the Arch grounds are not exclusively
federal land (like the Mark Twain National Forest), we successfully remanded the case back to state court. When Missouri
gave the Jefferson National Expansion Historic Site to the federal government, the state retained “concurrent
jurisdiction, both civil and criminal” over the site. R.S.Mo. § 12.027.1(2). All the parties involved were happy to
settle this case, and Leslie recovered $125,000.00 for his injuries.
As the tram moves, it hits switches near the top and bottom causing it to slow down and stop automatically. The timing
of when those switches are thrown informs the operator of the speed of the tram and how quickly it should slow. The tram
is operated by one worker at either the bottom of the Arch, but a whole team of smart, diligent workers like John Leslie
keeps the Arch and its tram system running safely.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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