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Wednesday, April 24, 2024

Norfolk Southern backhoe operator alleges work area was not inspected for safety

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PINEVILLE – A Bud man alleges he was electrocuted while working in Pineville because of an unsafe work environment.

Clifford Parker Jr. filed a complaint Sept. 18 in Wyoming Circuit Court against Norfolk Southern Railway Co., Seneca Coal Resources and Pinnacle Mining Co. LLC alleging negligence.

According to the complaint, the plaintiff alleges that on Nov. 28, 2016, he was working as a backhoe operator for Norfolk Southern near the Gary No. 50 mine in Pineville, which is operated by Seneca and/or Pinnacle. He alleges he was electrocuted after attempting to relocate a loose, hanging guy-wire that was in danger of wrapping around the wheel of the backhoe he was operating. The suit states that the wire had come into contact with a high-voltage wire, which was not known to the plaintiff at the time.

The plaintiff holds Norfolk Southern Railway Co., Seneca Coal Resources LLC and Pinnacle Mining Co. LLC responsible because the defendants allegedly failed to inspect or assess the safety of plaintiff's area of work and failed to enforce rules and regulations to permit plaintiff to perform work duties.

The plaintiff requests a trial by jury and seeks judgment against defendants for damages in excess of the minimum amount, plus interest, costs, and further relief as the court may deem appropriate. He is represented by Willard J. Moody Jr. and Michael R. Davis of The Moody Law Firm Inc. in Portsmouth, Virginia. The case has been assigned to Circuit Judge Warren R. McGraw.

Wyoming Circuit Court case number 17-C-126

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