WILLIAMSON – Three lawsuits were filed against Norfolk Southern Railway Co. over allegations injuries were sustained by three separate individuals during two separate incidents.
James Lanigan, Austyn S. Hughett, David D. Fitzpatrick filed their lawsuits in Mingo Circuit Court against the railway company.
Lanigan, who was employed by Tie Bandits Co. as a laborer, claims on Aug. 28, 2017, he was performing his work duties when a Norfolk employee, Franklin E. Salmons Jr., operated the ballast regulator machine when the brakes malfunctioned, which caused a collision with the machine ahead of him where Lanigan was.
Lanigan claims he sustained severe and permanent injuries due to Norfolk's negligence because the railway company failed to inspect the ballast regulator and its brakes and failed to repair the defective parts.
Lanigan is seeking compensatory damages in the amount of $2 million.
Hughett, who was also employed by Tie Bandits Co. as a laborer, was performing his work duties on Aug. 28, 2017, when Salmons collided with the machine ahead of him.
Hughett was riding on the machine with Lanigan and a third individual, Justin Jewell, according to the suit.
Hughett claims he was severely and permanently injured by the collision. He also makes the same claims as Lanigan regarding Norfolk's failure to inspect and repair the ballast regulator.
Hughett is also seeking compensatory damages in the amount of $2 million.
The third lawsuit, filed by Fitzpatrick, involves an incident that occurred on Feb. 18, 2017.
Fitzpatrick claims he was working when he went to use the restroom and slipped on leaking toilet water, which caused him to become injured. He claims the defendant's carelessness and negligence caused his severe injuries.
Fitzpatrick claims the defendant failed to provide a reasonably safe place to work.
Fitzpatrick is seeking compensatory damages in the amount of $5 million.
All three men are represented by Benjamin P. Tobin of Pratt and Tobin in East Alton, Illinois.
Mingo Circuit Court case numbers 19-C-117, 19-C-118, 19-C-123