FELA complaint filed in federal court

Steve Gonzalez Jan. 3, 2008, 11:49pm

A locomotive engineer for CSX Transportation who was injured when while disembarking a tank car in Evansville, Ind. filed a Federal Employers' Liability Act complaint against his employer in U.S. District Court alleging tthe company failed to provide him a safe place to work.

Represented by John Kujawski of O'Fallon, Richard Burden claims the incident occurred on Aug. 10, 2007.

Burden claims CSX was negligent by failing to provide him with a reasonably safe manner with which to do his work, failed to provide "brake sticks" for him to use, failed to provide firm and level ballast for him to perform his assigned tasks and failed to remove debris and oversized ballast from work surfaces.

He also claims CSX failed to periodically inspect its work surfaces to remove debris and improperly sized ballast, failed to maintain his work area in a condition which would protect and safeguard him, failed to correct dangerous conditions existing, failed to provide lighting in his workplace and failed to provide a firm work surface.

Burden further alleges CSX failed to provide him with adequate medical care and attention following his injury, failed to transport him to a physician of his choice and required him to undergo substandard medical treatment.

He alleges that CSX violated C.F.R. Section 213.33 in failing to keep its work surfaces adjacent to the road bed maintained and free of obstruction, violated C.F.R. Section 213.103 in failing to provide ballast that would allow for adequate drainage and/or proper track cross level, violated C.F.R. Section 213.233 in failing to conduct scheduled track and ballast inspections and allowed unsafe practices to become the common practice.

According to Burden, the fall caused him to sustain injuries to his head and brain, injuries to the muscles, tendons, ligaments, nerves, soft tissue, bones and vertebrae of the neck, back and spine, injuries to his shoulders and left leg all of which caused an aggravation of a pre-existing condition to his spine that led to him sustaining pain and suffering, permanent disfigurement and disability, lost wages and medical expenses.

Burden is seeking a judgment in excess of $75,000 plus pre-judgment interest and costs of the suit.

The case was originally assigned to District Judge Michael Reagan, however he recused himself causing the case to pass to Chief District Judge David Herndon.

More News