NEW CUMBERLAND – A conductor alleges he was injured because his railway employer failed to provide a safe place to work.

Jeffrey Hays filed a complaint Aug. 30 in Hancock Circuit Court against Norfolk Southern Railway Co. citing the Locomotive Inspection Act.

According to the complaint, the plaintiff alleges that on Aug. 23, 2016, he sustained serious and bodily injuries and damages as a result of falling from defendant's locomotive near Weirton. He alleges he has suffered aggravation of pre-existing conditions, pain, instability, motion limitations, mental anguish and loss of enjoyment of life. 

The plaintiff holds Norfolk Southern Railway Co. responsible because the defendant allegedly failed to provide safe and necessary tools and equipment and failed to provide safe supervision.

The plaintiff requests a trial by jury and seeks judgment against defendant of more than $5 million and any and other other just and proper relief. He is represented by Chris Wallace of The Wallace Firm PLLC in Weirton and Patrick S. O'Brien of The Law Offices of Patrick S. O'Brien in St. Louis. The case has been assigned to Circuit Judge James P. Mazzone.

Hancock Circuit Court case number 12-C-117

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