Conductor files lawsuit against Norfolk Southern

By Steve Gonzalez | Jul 17, 2008

A conductor for Norfolk Southern Railway has filed a Federal Employers' Liability Act (FELA) complaint against his employer, alleging they failed to provide him a safe place to work.

Lynn Whittaker, a resident of Glen Carbon, alleges he was seriously injured on Feb. 7, 2007, at the A.O. Smith yard in Granite City.

He filed his lawsuit in Madison County Circuit Court on July 11. He is represented by Patrick O'Brien of St. Louis.

Whittaker says he sustained neck, right knee and right shoulder injuries while he was walking along the train during an ice storm and slipped and fell on a frozen ballast.

He claims Norfolk negligently failed to provide reasonably safe work conditions, failed to provide safe methods of work, failed to provide safe pathways and failed to inspect and maintain the ballast or pathway.

Whittaker claims his various injuries caused and continues to cause pain, suffering, medical expenses, lost wages and lessens his ability to enjoy the normal pursuits of life.

He is seeking a "fair and reasonable" sum in excess of $25,000, plus costs.

The case is awaiting mandatory arbitration.

08 AR 425

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