Norfolk Southern sued over tamping gun injury

Kelly Holleran Oct. 6, 2010, 11:00am

A Norfolk Southern Railway worker claims he sustained injuries to his neck and back while operating a tamping gun for the railroad.

James W. Bernard filed a lawsuit Sept. 22 in Madison County Circuit Court against Norfolk Southern Railway Company.

Bernard claims he was working for the railroad on Oct. 2, 2007, near Romulus, Mich., when he sustained his injuries while operating a tamping gun.

In addition to his injuries, Bernard suffered great pain and mental anguish, lost money and earnings, sustained a diminished earning capacity and incurred medical costs, the suit states.

Bernard blames Norfolk Southern for causing his injuries, saying the railroad negligently failed to provide safe tools and proper equipment, failed to provide adequate supervision, failed to warn of a reasonably foreseeable hazardous danger and allowed unsafe practices to become common.

In his complaint, Bernard is seeking a judgment of more than $50,000, plus costs.

Gregory M. Tobin of Pratt and Tobin in East Alton will be representing him.

Madison County Circuit Court case number: 10-L-985.

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