Railroad worker cites employer with negligence

PINEVILLE — A Wyoming County railway worker filed a lawsuit against a Virginia-based commercial freight carrier for liability in a series of workplace incidents that allegedly caused or exacerbated injury between 2010 and 2014.

James Malay brought a complaint against Norfolk Southern Railway of Norfolk, Virginia on April 2 in Wyoming Circuit Court, citing the defendant with several counts of negligence over a several-year period.

The plaintiff worked as Assistant Bridge Foreman for the defendant in various West Virginia jurisdictions, including Wyoming County, and claims to have sustained repetitive motion injury to his wrists, hands and elbows over the span of his employment.

Documents filed indicate that following Malay’s past carpal tunnel surgery (undated), Norfolk Southern purportedly neglected to take appropriate steps to protect the plaintiff from further damage; Malay alleges a bilateral reoccurrence of his carpal tunnel syndrome.

Additionally, the plaintiff cites a slip and fall incident on Dec. 10, 2012 while working on a bridge under adverse weather and other unfavorable conditions; he also claims that further injuries resulted from a Sept. 24, 2014 incident involving pulling spikes in Budd, Wyoming County, using inadequate tools.

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.

Alleging failure to provide a safe workplace and exposure to cumulative trauma, Malay seeks compensatory damages of $150,000 for income; pre- and post-judgment interest, attorneys’ fees, and costs.

The plaintiff is represented by William Flanigan of Sanders, Austin, Flanigan & Prudich of Princeton.

Wyoming Circuit Court case no. 15-C-63