WAYNE -- A former conductor is suing Norfolk Southern Railway Company for injuries he sustained during the course of his employment.

On Oct. 20, 2009, Timothy S. Rose was working as a conductor for the defendant when he was assigned to work a job that performs switching work at industries in the vicinity of Kenova, according to a complaint filed May 25 in Wayne Circuit Court.

Rose claims after about 5.5 hours, he and his crew began to perform switching work at the Novamount Plant near Kenova when he attempted to align a defective railroad switch.

As Rose was attempting to align the switch, it abruptly froze on him, causing him to suffer severe and permanent injuries to his shoulder, scapula and nerves in his shoulder and chest, according to the suit.

Rose claims as a result of his injuries, he has been disabled from his employment.

The defendant negligently failed to provide him with a reasonably safe place to work; negligently maintained its switches; negligently inspected its switches; and was negligent in its safety and work practices, according to the suit.

Rose is seeking compensatory damages. He is being represented by R.R. Fredeking II and James H. Wettermark.

The case has been assigned to Circuit Judge James H. Young Jr.

Wayne Circuit Court case number: 12-C-117

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