BNSF machinist claims injuries in suit

Kelly Holleran Jan. 26, 2009, 8:25am

A BNSF Railway Company employee has filed suit against the company, alleging he was injured while working as a machinist for the company.

Gerald Payne, who has worked for BNSF since 1972, claims that while he was working on Nov. 25, he injured his neck, right shoulder and right arm while replacing a turbo screen on BNSF 2500.

Payne also claims his work duties led to long-term cumulative trauma resulting in injuries to his shoulders, hands, wrists and elbows.

His injuries have resulted in a disability and Payne has suffered pain and mental anguish and he has lost earnings he would have otherwise earned but for his injuries, according to the complaint filed Jan. 22 in Madison County Circuit Court.

Payne also has incurred medical expenses and he has sustained an impaired future earning capacity, the suit states.

BNSF was negligent by failing to provide Payne with a safe place to work, by failing to provide Payne with safe and proper tools, by failing to provide Payne with safe work methods, by failing to provide Payne with proper supervision regarding cumulative trauma and its effect on the body and by failing to warn of the risks of developing cumulative trauma, Payne alleges.

It also negligently failed to hire a sufficient number of machinists, according to the complaint.

In the two-count suit, Payne is seeking an unspecified judgment, plus costs.

Paul T. Slocomb and David L. Blunt of Blunt Slocomb in St. Louis will be representing him.

Madison County Circuit Court case number: 09-L-0045.

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Organizations in this Story

BNSF Railway
2650 Lou Menk Dr
Fort Worth, TX 76131-2830

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