A signal maintainer for Norfolk Southern Railway has filed a lawsuit against his employer, alleging they failed to provide him a safe place to work.

Timothy Gaspar alleges he was working near New Castle, Ind., on Oct. 21, 2005 when his vehicle was struck by a train.

Gaspar alleges Norfolk violated provisions of the Federal Employers' Liability Act (FELA) by failing to provide safe methods of work, failing to provide sufficient manpower and failing to provide safe tools and equipment.

In addition, Gaspar also alleges from 2004 to 2008 he was subjected to repetitive traumas while repairing Norfolk's signals and tracks.

According to Gaspar, the collision caused him to sustain severe and permanent injuries to his neck, shoulders, and body, all of which have and will continue to cause great pain and suffering, mental anguish, medical expenses and lost wages.

He is seeking a judgment to exceed $100,000.

Gaspar is represented by Gregory Tobin of Pratt & Tobin in East Alton.

The case has been assigned to Circuit Court Judge Barbara Crowder.

08 L 709

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