Callis to open FELA case in train worker's suit against CSX

Amelia Flood May 5, 2011, 7:36am


Madison County Chief Judge Ann Callis is set to open the trial of a train conductor's case against CSX Transportation that stems from injuries the plaintiff allegedly suffered when his train encountered tornadoes in Kentucky.

The trial will begin at 9 a.m. Monday with jury selection.

Callis had been set to open the trial earlier this year but that date was pushed off.

Hawkins is seeking damages in excess of $100,000 and costs in his suit.

He claims that CSX failed to provide him with a safe workplace as mandated by the Federal Employers Liability Act.

CSX denies Hawkins' claims.

According to his complaint, Hawkins, of Evansville, Ill., was a conductor on a CSX train that was driving through bad weather in Kentucky in 2005.

A tornado had allegedly downed high voltage power lines that came into contact with the track the train was traveling on.

The plaintiff alleges the downed lines caused the train to send him and the rest of its crew flying forward.

The incident caused injuries to the plaintiff's right shoulder and other parts of his body.

Hawkins contends that CSX failed to warn the train crew about the bad weather in the area, did not provide a safe work place and was otherwise negligent.

Hawkins recently filed disclosures of witness contact information April 29.

They include Hawkins' wife, a co-worker, a doctor and other witnesses.

David Jones represents Hawkins.

Richard Nash represents the railroad.

The case is Madison case number 07-L-084.

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