Man sues Norfolk Southern for work injuries

By Kyla Asbury | Jul 9, 2012

CHARLESTON -- A Norfolk Southern Railway Company employee is suing the company after he was injured while performing his work duties.

On Jan. 4, 2008, Joshua Kessler was employed by Norfolk as a conductor trainee and was tasked with switching cars from one place to another, according to a complaint filed June 27 in Kanawha Circuit Court.

Kessler claims he was switching a tank car when a substance believed to be hydrochloric acid leaked from an overhead pipe onto him and caused him to suffer serious injuries to his face, mouth and teeth.

Norfolk had a non-delegable duty to provide Kessler with a reasonably safe place to work, according to the suit.

Kessler claims Norfolk was negligent and careless in breaching its duty to him and the injuries he suffered were caused by Norfolk's negligence.

The defendant also failed to provide proper and sufficient lighting, failed to provide proper and sufficient safety equipment and devices and failed to properly inspect the areas where Kessler was required to work, according to the suit.

Kessler is seeking compensatory damages. He is being represented by Michael K. Wallace and Paul G. Moody.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 12-C-1210

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