Railway worker says he was exposed to unsafe work conditions

By Steve Gonzalez | Jul 14, 2008

A longtime employee of BNSF Railway Company filed a federal complaint against the second largest transcontinental railroad alleging he was repeatedly exposed to unsafe work conditions that caused him permanent injuries.

James Moss claims during his career as an engineer he sustained injuries to his wrists, elbows, hands and fingers that will in all "reasonable probability" cause him to suffer pain "for a long time into the future if not for the balance of his natural life," a Federal Employers' Liability Act (FELA) complaint says.

Represented by Gerard Schneller of St. Louis, Moss claims his injuries have had a serious effect on his health and well being.

He filed his complaint June 27 in Madison County Circuit Court.

BNSF negligently failed to provide him a safe place to work, failed to provide safe conditions for work, failed to furnish him with sufficient help, failed to provide him with safe appliances, the complaint alleges.

Moss also claims the company failed to maintain and inspect their equipment and failed to warn of the dangers associated with operating equipment.

He claims his injuries have caused and will continue to cause medical expenses, lost wages, serious pain and suffering and the ability to work, labor and enjoy the normal pursuits of life have been lessened.

In addition to his FELA claim, Moss filed a second count for legal malpractice against attorney Richard Gibson alleging dismissed his first FELA claim and failed to re-file it before the statute of limitations expired causing him to suffer damages.

Moss is seeking damages in excess of $100,000, plus all costs of the suit.

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