Conductor claims shoulder injuries in suit against BNSF

Kelly Holleran Feb. 5, 2010, 6:46am

A BNSF Railway Company employee says he has been forced to undergo surgery after sustaining injuries to his left shoulder while working.

Kevin L. Darling filed a lawsuit Jan. 29 in St. Clair County Circuit Court against the railroad.

Darling claims he has worked as a conductor for the railroad since May 1988. His job required Darling to operate railroad equipment and locomotives, which caused stress and damage to his shoulder, according to the complaint.

That stress has caused Darling to undergo surgery, including humeral head replacement to his left shoulder, and to suffer psychological and emotional injury, mental anguish and anxiety, the suit states. In addition, he incurred medical costs and lost wages, the complaint says.

Darling blames BNSF for a number of negligent acts, including its failure to provide a safe workplace; its failure to provide safe conditions, methods and equipment for work; its failure to take any effective action to reduce the amount of cumulative trauma to Darling's shoulder; its requirement that Darling be exposed to cumulative trauma; and its failure to inspect or monitor the occupational cumulative trauma associated with Darling's job.

In his complaint, Darling seeks a judgment of more than $50,000, plus costs.

Roger C. Denton and Richard J. Zalasky of Schlichter, Bogard and Denton in St. Louis will be representing him.

St. Clair County Circuit Court case number: 10-L-41.

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Organizations in this Story

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

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