Norfolk Southern employee alleges negligence after sinkhole injury

By Whitney Brakken | May 14, 2014

BECKLEY -- An Itmann resident is suing two companies, alleging negligence.

Charles Edward Simmons filed a lawsuit April 25 in Raleigh Circuit Court against Norfolk Southern Railway Co. and Left Fork Processing LLC, citing Federal Employers Liability Act negligence.

The complaint states on April 26, 2012, Simmons was employed by Norfolk Southern Railway and was working on Left Fork's premises when he sustained injuries to his knee due to an unmarked sinkhole.

The plaintiff alleges the defendants were negligent for failing to inspect the work area and for failing to provide a safe work environment.

The plaintiff is seeking an undisclosed amount in damages.

Simmons is being represented in the case by John D. Steel and John A. Moss of the Atlanta law firm of Steel & Moss LLP. The case has been assigned to Circuit Judge John A. Hutchison.

Raleigh Circuit Court Case No. 14-C-425

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