Man with mangled arm sues employer

By John O'Brien | Apr 20, 2006

HUNTINGTON - A Culloden man diagnosed with nerve injuries to his left arm is suing CSX Transportation, the successor-in-interest to the Chesapeake and Ohio Railway Company, for failing to provide a safe place to work.

Jack Persinger filed the lawsuit April 7 in Cabell Circuit Court. He is represented by Kenneth P. Hicks of Huntington.

Persinger was an employee of CSX when he says he sustained injuries through a fall and unreasonable demands to his left arm and back, incluing: contusion to the ulnar nerve; ulnar neuopathy; left-sided carpal tunnel syndrome; ulnar nerve palsy; radiculopathy at S1; a broad-based disc protrusion at the L4-L5 level; and effacement of the thecal sac.

He says CSX is to blame because it did not provide a safe place to work, comply with applicable governmental regulations or fair warning.

On Sep. 23, Persinger says Dr. David Soulsby evaluated him and determined Persinger to be suffering from clawing, tenderness because of nerve damage, weakness and atrophy.

"Dr. Soulsby opined that Mr. Persinger suffered from obvious objective findings of very significant ulnar nerve injury and disfunction, which are permanent in nature and directly related to the Aug. 14, 2003, work-related fall."

Persinger is seeking compensatory damages.

Judge John Cummings has been assigned the case.

Cabell Circuit Court case number: 06-C-244

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