Macon County Family sues Norfolk Southern over husband's fatal heart attack

Steve Gonzalez Oct. 27, 2004, 11:40am

The widow of a Decatur railroad worker is suing Norfolk Southern for more than $100,000 claiming the company was responsible for her husband's deadly heart attack.

Represented by Angel VonBokel of the O’Fallon law firm of Kujawski & Nowak, Pamela Carroll alleges that Norfolk Southern is responsible for Dale Carroll's death on Nov. 10, 2002, while he was working as a conductor.

According to the complaint, Carroll claims that Norfolk failed to furnish Dale with a reasonably safe place to work, failed to supply Dale with adequate co-workers in order to do his job, failed to provide life-saving cardio pulmonary resuscitation and failed to provide emergency medical services in a timely manner.

Carroll also alleges that Norfolk Southern allowed unsafe practices to become common practice.

As a result of negligence or omissions on the part of Norfolk Southern, Carroll claims that while in the performance of Dale’s duties and in conjunction within the scope of his employment, Dale sustained a fatal heart attack.

The suit, filed Oct. 27 in Madison County Circuit Court, has been assigned to Circuit Judge Andy Matoesian.

The suit was filed under the Federal Employer's Liability Act (F.E.L.A.), which was enacted by Congress in 1908 to provide benefits for railroad workers who sustain injuries in the scope of their employment.

Unlike state Worker's Compensation laws which provide benefits on a no-fault basis, F.E.L.A. is based on the principles of fault.

To recover damages in this type of claim, the injured worker must establish that the railroad caused or in some way contributed to the accident.

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