HUNTINGTON - A Milton man blames his longtime employer for the pain he says that grew in his neck as a result of excessive hours and inefficient machinery.
Richard Jobe filed suit Sept. 13 against CSX Transportation.
Jobe says he has worked for CSX since 1974, but was working longer hours in Sept. 2003 as a result of Hurricane Isabel.
He says he was operating a Jumbo Tie Unloader in Virginia on Sept. 17, 2003, when he experienced severe injury to his neck and back.
"The Jumbo Tie Unloader is an extremely difficult and ergonomically inefficient and defective machine to operate for long periods of time," the complaint says.
"Defendant negligently failed to provide Plaintiff a reasonably safe place to work, a violation of the Federal Employers' Liability Act, by requiring that Plaintiff work excessively long hours on an ergonomically inadequate and defective machine and without sufficient manpower or breaks."
As a result, Jobe says has lost his future earning power and had to pay for medical expenses.
He seeks compensatory damages.
"Defendant knew, or in the exercise of reasonable care should have known, that such negligence… posed an unreasonable risk of injury to Plaintiff and, in fact, such negligence did cause or contribute, in whole or in part, to Plaintiff's injury," the complaint says.
Georgia attorney David Hughes of Lawson, Davis, Pickren and Seydel is representing Jobe.
Judge John Cummings has been assigned the case.
Cabell Circuit Court case number 06-C-672