Roger Bennett filed a Federal Employers' Liability Act suit against CSX Transportation claiming he injured his left shoulder and neck because he couldn't operate a radio from a seated position.
The suit was filed in St. Clair County Circuit Court on Feb. 15.
Bennett claims that on Nov. 7, 2003, while in performance of his duties as a conductor, he was caused to be slammed into the engine windshield which caused his injuries.
"In order for Bennett to receive his orders via the radio he had to stand, at which time the dynamic brakes on the engine were released, causing it to burst forward," the complaint states.
According to Bennett, CSX allegedly allowed one of its engines to operate with a malfuncioning radio which put him in a dangerous situation. He also claims CSX failed to warn him of the dangerous condition that existed.
In addition to Bennett's personal injuries, he claims he suffered severe pain and mental anguish, became liable for medical expenses and has lost wages he would have otherwise earned.
Represented by Edward Brennan of Swansea, Bennett is seeking damages in excess of $100,000, plus all costs of the suit.
06 L 104 (20th Circuit)