Norfolk Southern settles lawsuit claiming conductor burned by hydrochloric acid

By Kyla Asbury | Nov 19, 2013

Kanawha County Circuit Court

CHARLESTON - A lawsuit filed by a Kenova man against Norfolk Southern Railway Company after he was injured on the job was settled earlier this year.

The dismissal order was filed on Jan. 16 in Kanawha Circuit Court. Both parties announced to the court that all matters in controversy between them had been settled and compromised.

On Jan. 4, 2008, Kevin F. Koeppen, who was employed by the defendant as a conductor, was tasked with switching cars from one place to another and was in the process of switching a tank car when hydrochloric acid leaked from an overhead pipe onto him, causing him to be injured, according to a complaint filed Aug. 26, 2011, in Kanawha Circuit Court.

Koeppen claimed the defendant caused him to suffer severe injuries to his eyes and face.

The defendant had a duty to provide Koeppen with a reasonably safe place to work and failed to do so, according to the suit.

Koeppen claimed the defendant was negligent in providing a reasonably safe place to work and failing to properly inspect the areas where Koeppen was required to work.

Koeppen was seeking compensatory damages. He was being represented by Michael K. Wallace; and Paul G. Moody and Michael R. Davis of the Moody Law Firm Inc.

The defendant was represented by J.H. Mahaney of Huddleston Bolen LLP.

The case was assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 11-C-1468

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