West Virginia Record

Sunday, February 23, 2020

CSX machinist blames injuries on alleged lack of proper tools to safely perform job

State Court

By Carrie Bradon | Jul 15, 2019

Medical malpractice 06

HUNTINGTON – A man from Ona alleges he needed surgery to treat injuries sustained while working for a railroad common carrier because he was not provided with the proper tools to perform his job.

Herbert T. Dempsey filed a complaint in Cabell Circuit Court against CSX Transportation Inc. citing the Federal Employers Liability Act.

The suit states that the plaintiff was employed by the defendant as a machinist and on May 31, 2016, while he was operating a tread lathe, experienced pain in his shoulders, arms, back and neck. The plaintiff allegedly was diagnosed with a disc protrusion and needed surgery.

The plaintiff alleges the defendant failed to provide him with the proper tools and equipment to safely perform his job and failed to warn him of the dangers of the job.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by James A. McKowen of James F. Humphreys & Associates LC in Charleston.

The case has been assigned to Judge Gregory Howard Jr.

Cabell Circuit Court case number 19-C-233

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Cabell Circuit Court

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