Lerona man blames CSX for work injuries

By Kyla Asbury | Jul 31, 2012

CHARLESTON -- A Lerona man is suing CSX Transportation after he was injured while performing his work duties.

On Nov. 29, 2010, James E. Layne was working as a signalman for CSX and was required to walk along CSX's track to locate and repair a problem in the signal system that had occurred somewhere between Thurman and Montgomery, a distance of approximately 40 miles, according to a complaint filed July 6 in Kanawha Circuit Court.

Layne claims while he was performing his work duties, he fell, striking his head and sustaining severe and permanent injuries, including brain injuries and injuries to his right lower extremity.

CSX had a duty to provide Layne with a reasonably safe place to work and failed to do so, according to the suit.

Layne claims CSX was negligent in failing to warn him of the unsafe condition in the area where he was working at the time of his injury.

CSX was also negligent in failing to provide proper and sufficient lighting and failed to provide proper and sufficient safety equipment and devices, according to the suit.

Layne is seeking compensatory damages. He is being represented by William M. Tiano and Paul G. Moody.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-1268

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