HUNTINGTON - A Kentucky man has filed a suit against CSX Transportation after he was injured when the train he was driving collided with another locomotive.

Daniel Childers of Argillite, Ky., filed the suit Aug. 22 in Cabell Circuit Court.

According to the suit, Childers and R.L. Fetty, an engineer with CSX, were taking a train from Russell, Ky., to Ceredo, W.Va., on Oct. 24, 2006. Childers claims he called in his signals and was told there was some congestion, but he would be able to get moving.

Childers claims he received an approach signal on the Number 2 track, when he saw a headlight coming at him.

According to the suit, Childers and Fetty, "placed the emergency brake and tried to stop but not before it crashed into the oncoming train, at approximately 23 m.p.h."

Childers and Fetty were knocked out of their seats and onto the floor. Childers claims he suffered injuries to his back, neck and shoulders, as well as great pain, extreme nervousness, mental anguish and deprivation of the enjoyment of life.

The suit says CSX is negligent by failing to provide proper equipment and properly monitoring train movements. The suit also says CSX failed to keep its employees reasonable safe.

Childers seeks compensatory and punitive damages.

Pittsburgh attorney Mark T. Wade is representing Childers. The case has been assigned to Judge John L. Cummings.

Cabell Circuit Court case number 07-C-749

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