Lawsuit against Appalachian Railcar Services settled

WINFIELD - A lawsuit against Appalachian Railcar Services Inc. has been settled and dismissed.

On Sept. 19, an agreed order of dismissal was filed in Putnam Circuit Court.

Mediation was held on Aug. 5 at the offices of Peyton Law Firm with John F. Cyrus of Cyrus & Adkins serving as the mediator.

All matters in controversy between the parties were knowingly, voluntarily and in good faith, resolved and settled during mediation, according to the dismissal order. Terms were not disclosed.

Cory Edward Butler worked for the defendant on Sept. 7, 2010, when he suffered a disabling injury while on the job, according to a complaint filed June 12, 2012, in Putnam Circuit Court.

Butler claims he suffered injuries to his left femur, pelvis, spine and other body parts when a rail car carriage bolster was lifted without proper safety equipment and slid off a rigged up chain and fork lift and fell directly on him.

The defendant's action caused Butler to sustain pain and suffering; loss of enjoyment of life; emotional distress, including post-traumatic stress disorder; permanent scars and disfigurement; medical expenses; loss of earnings and wages; and a diminished earning capacity, according to the suit.

Butler was seeking compensatory damages with pre- and post-judgment interest. He was being represented by Harvey D. Peyton of Peyton Law Firm PLLC.

The defendant was represented by P. Joseph Craycraft of Swartz Campbell LLC.

The case was assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 12-C-186