Conductor blames railcar operator for injuries

By Philip Gonzales | Sep 22, 2016

PINEVILLE — A Wyoming County conductor is suing a railcar operator, alleging its negligence caused the plaintiff to sustain serious shoulder injuries. 

Brian Kyle Worley filed a lawsuit Sept. 9 in Wyoming Circuit Court against Norfolk Southern Railway Company, alleging violation of the Federal Employer's Liability Act and the Federal Safety Appliance Act.

According to the complaint, on Dec. 5, 2015, while Worley was working at Norfolk Southern's premises at Elmore Yard, he sustained serious and permanent injuries to his shoulder when the handbrake he was attempting to release did not release properly. 

The plaintiff alleges Norfolk Southern failed to provide a safe place to work, breached its duty to protect its employees from injury and failed to properly inspect and maintain the handbrake on the railcar Worley was working with.

Worley seeks trial by jury, judgment to be shown at trial, plus legal costs and other remedies the court deems just and proper. He is represented by attorney Bert Ketchum of Greene, Ketcum, Farrell, Bailey & Tweel in Huntington.

Wyoming Circuit Court Case number 16-c-118

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