Trackman claims back injuries and asbestosis in FELA suit

Steve Gonzalez Jan. 3, 2007, 4:48am

A former CSX employee filed a Federal Employer's Liability Act (FELA) suit in U.S. District Court Dec. 29, claiming CSX failed to provide him a safe place to work.

Jack Franklin claims that while working as a trackman he was required to work with unsafe, heavy, awkward, vibrating and torquing equipment in awkward positions while standing or kneeling on rough, uneven surfaces causing back and neck injuries.

He also claims that on May 12, 2004, he was diagnosed with asbestosis which was also caused by the negligence of CSX.

Franklin claims CSX failed to supply safe methods of work, failed to supply sufficient equipment and help, failed to warn him of the dangers of performing his duties, negligently allowed him to be exposed to asbestos, and failed to monitor or inspect asbestos levels.

He claims his neck and back injuries have caused and will continue to cause pain, suffering and mental anguish.

Franklin claims his asbestosis diagnosis has caused an irritation, annoyance, inconvenience and medical expenses.

"Plaintiff has lost wages in excess of $300,000," the complaint states.

Represented by Daniel Francis of St. Louis, Franklin is seeking damages in excess of $150,000, plus costs.

The case has been assigned to District Judge Michael Reagan.

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