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Thursday, January 21, 2010

Two sue N-S railroad for $13.5M

Two men who suffered injuries in separate mishaps while employees of Norfolk Southern Railway Co. have filed civil actions in Mingo County, seeking judgments totaling $13.5 million.

Carl L. Felts, who was employed by the defendant railway company as a trackman/machine operator, seeks $10 million judgment and costs in a suit filed Jan. 11, 2010 in the Mingo County Circuit Court clerk’s office.

Richard A. Saunders was employed as a conductor and was engaged in the performance of his duties as such worker at the time he was caused to be injured. His suit, filed Dec. 8, 2009 in Mingo County, asks for judgment against the defendant in a sum of $3.5 million.

Gregory M. Tobin of Pratt & Tobin, P.C., East Alton, Ill., is attorney for both Felts and Saunders, who are West Virginia residents.

#Felts’ complaint said Norfolk Southern Railway was engaged in the business of interstate commerce prior to and at the time of the accident, which occurred Dec. 13, 2007 at or near Sutton Township, Ohio.

The complaint states that Felts was engaged in the course of his employment when his vehicle was struck by another vehicle, causing him to be severely and permanently injured in whole or in part. The plaintiff alleges the mishap occurred due to the carelessness and negligence of defendant.

Felts alleges Norfolk Southern violated the Federal Employers’ Liability Acts by failing to furnish the plaintiff with reasonably necessary and proper equipment and personal protective equipment; proper supervision in the performance of his assigned duties, and failing to warn him of reasonably foreseeable hazardous conditions existing with defendant’s equipment.

The suit of Felts also alleges the defendant allowed unsafe practices to become the standard practice; assigned the plaintiff work plaintiff should have known would result in injury; failed to provide a reasonably safe place to work and did not provide reasonably safe methods of work.

Felts’ suit alleges he sustained severe and permanent injuries to his head, spine, leg and body, resulting in disability and disfigurement. He also claims to have suffered great pain and mental anguish, lost past and future earnings and will in future be obligated for medical aid and attention.

Saunders’ complaint is worded similarly to that of Felts with regard to the plaintiff’s duties as an employee of the plaintiffs and alleged failures regarding proper equipment, employee supervision, etc.

The plaintiff’s suit states that on or about July 21, 2009, Saunders was engaged in the course of his employment with the defendant railway company at or near Wharncliffe, Mingo County. A train derailed and struck a building on which plaintiff was positioned, causing the building to collapse.

Saunders alleges he sustained severe and permanent injuries to his neck, back, shoulder, knee and body, resulting in disability and disfigurement. His future earning capacity has been seriously diminished.

He asks judgment of $3.5 million and for costs of the suit. Both Saunders and Felts demand a trial by jury in each case.

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