Railroad Worker Sues Employer for Negligence
A Wyoming County, West Virginia railway worker has filed a lawsuit against his employer, a Virginia-based commercial freight line carrier, for liability on a series of workplace incidents occurring between 2010 and 2014.
These incidents allegedly caused or added to, and intensified injuries. The railway worker, James Malay filed the complaint on April 2, 2015 in a Wyoming Circuit Court of West Virginia, against Norfolk Southern Railway, in Norfolk, Virginia, citing the his employing company with several counts of negligence, over the several years stated in the lawsuit. James Malay was employed by the Norfolk Southern Railway company as Assistant Bridge Foreman. Malay worked for the railway company in a variety of West Virginia jurisdictions, including Wyoming County. He claims to have sustained repetitive motion injury to his wrists, hands and elbows over the span of his employment. Malay had to have carpal tunnel surgery to help with the pain and injury. According to filed documents, it is specified that following Malay’s past carpal tunnel surgery, Norfolk Southern supposedly neglected to take appropriate steps to protect the Malay from any further injury or damage. As a result of the company’s negligence, Malay alleges that he had a bilateral recurrence of his carpal tunnel syndrome.
In addition to the carpal tunnel syndrome incident, Malay also cites Norfolk Southern Railway on a slip and fall incident from December 10, 2012. In this incident, Malay was working on a bridge, under adverse weather and other unfavorable conditions, when he slipped and fell. Malay cites Norfolk Southern in a third incident, occurring on September 24, 2014. This incident happened when Malay was working on a job in Budd, Wyoming County, West Virginia. This third cited incident involved Malay pulling spikes with inadequate tools for the Norfolk Southern Railway. James Malay and his attorney, William Flanigan of Sanders, Austin, Flanigan & Prudich of Princeton, allege in the lawsuit, that Norfolk Southern Railway failed to provide a safe workplace and exposed Malay to cumulative trauma. As a result of these incidents and injuries happening at the workplace under the employment of Norfolk Southern, Malay cites physical pain and discomfort; mental anguish; loss of income and compromised earning capacity; medical expenses; loss of ability to tend to everyday duties, and inability to continue working. Malay and his attorney seek compensatory damages of $150,000 for income; pre- and post-judgment interest, attorneys’ fees, and costs, against the Norfolk Southern Railway Company.
This is not the first time the Norfolk Southern Railway Company has been cited for liability by one of its employees. Recently, on May 7, 2015, a Philadelphia railroad worker, Darin Deimler, of Watsontown, Pennsylvania, sued Norfolk Southern Railway Co., in the U.S. District Court for the Eastern District of Pennsylvania, alleging responsibility for a February 2014 incident in North Cumberland. According to the complaint, Deimler was injured when steps descending from an office trailer gave way underneath him as he was exiting the building. This suit invoked the Federal Employers’ Liability Act. The lawsuit states that the Norfolk Southern Railway Co. was negligent in failing to provide a safe and non-defective workplace for the plaintiff; neglecting to have proper equipment, methods and procedures in place; failing to warn him of the hazardous condition; and neglecting to maintain the work area in an appropriate and safe condition. If you or a loved one have suffered an injury on the job, or at your place of work, you may be eligible for compensation for you injuries. If you have been involved in a workplace incident similar to these incidents, you should contact a personal injury attorney immediately.