Injured worker files FELA complaint against Norfolk Southern

Kelly Holleran Feb. 5, 2009, 3:00am

A Troy man alleges he had to undergo shoulder surgery because of injuries he sustained while working for Norfolk Southern Railway Company and Triple Crown Services Company.

Clifford Welch was working as lead grounds-man and loading container boxes onto trains on Feb. 2, 2007, when he was injured while he was attempting to lock a trailer, according to the complaint filed Jan. 29 in Madison County Circuit Court.

A frozen pin on the railcar caused him to sustain his injuries, the suit states.

Welch claims he suffered injuries to his right upper extremity and shoulder, was forced to undergo surgery on April 3, 2007, and has lost wages.

He has also incurred medical expenses, suffered physical and mental pain and permanent disability to his right shoulder and his ability to work, labor and enjoy the normal pursuits of life has been impaired and lessened, according to the complaint.

Norfolk Southern and Triple Crown were negligent by failing to provide Welch with safe conditions for work, by failing to provide Welch with a safe place to work, by failing to provide any warning to Welch about the frozen pin, by failing to properly inspect, maintain or lubricate the pin and by failing to provide any warning to Welch about the frozen pin, the suit states.

Welch claims Norforlk Southern and Triple Crown also negligently failed to employ a sufficient number of workers to inspect its railcars, failed to exercise reasonable care to protect Welch, provided Welch a railcar that was defective and failed to provide Welch with safe equipment.

In the two-count suit, Welch is seeking a judgment in excess of $100,000, plus costs.

Mark P. DuPont of Dupo will be representing him.

Madison County Circuit Court case number: 09-L-0070.

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