WEST VIRGINIA RECORD

HUNTINGTON -- CSX Transportation has filed its first answer in the federal goose attack lawsuit.

Aaron E. Richards filed a FELA lawsuit Feb. 4 in U.S. District Court in Huntington against CSX. On April 23, 2005, Richards says he was working as a conductor at the Keyser Receiving Yard near Ravenswood and was performing a brake test on a CSX train when a goose jumped out from under one of the railcars, striking him and causing him to fall.

CSX denies liability for the injuries in the answer, which was filed Feb. 26 by attorney Fred Adkins of the Huntington law firm of Huddleston Bolen.

Richards claims his injuries were caused by the negligence of CSX.

"Defendant states that the accident and injuries, if any, of which Plaintiff complains were proximately contributed to by the negligence of the plaintiff," the answer states. The injuries were caused "by pre-existing conditions or other contributory or concurrent conditions or factors."

CSX also says Richards was not acting within the scope of his employment at the time of the alleged incident and that it wants more information about the incident.

"Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters asserted," the answer states.

Richards lists injuries as past and future pain, past and future medical treatment, loss of earnings and impairment of future earning capacity and loss of enjoyment of life.

Richards seeks damages in excess of $75,000 as well as costs and other relief. He seeks a jury trial.

Richards is represented by Huntington attorney W. Michael Frazier and William Kvas of the Minneapolis law firm of Hunegs, LeNeave & Kvas. The case has been assigned to Judge Robert C. Chambers.

U.S. District Court case number: 3:08-0079