WINFIELD — A Maryland man is suing CSX Transportation claiming he was injured during the course of his work.
Samuel Kennell was working for CSX on Oct. 11, 2018, and he was working on a train traveling on the defendant's track from Mount Storm to Keyser when the train struck a tree and/or part of a tree, according to a complaint filed in Putnam Circuit Court.
When the train struck the tree, it caused part of the tree to crash into the locomotive and caused the plaintiff to sustain significant personal injuries, according to the suit.
The plaintiff claims his injuries were caused by the defendant's negligence and carelessness, recklessness and/or unlawful conduct.
He claims the defendant failed to use ordinary care to furnish him with a reasonably safe place to work and perform his work duties and required him to perform his assigned job tasks in an area made unsafe due to the presence of a dangerous condition.
The defendant failed to use ordinary care to furnish him with a reasonably safe place to work and failed to provide him with the proper equipment to perform the work duties, according to the suit.
Kennell claims the defendant failed to properly train him to perform the task at hand and failed to provide him with a locomotive free of cracks, breaks and/or other conditions that endangered the safety of the crew.
As a direct and proximate result of the defendants' negligence, carelessness, recklessness and/or unlawful conduct of the defendant, the plaintiff suffered in the past and will continue to suffer from significant pain, mental anguish, humiliation and disfigurement and the limitation and restriction from his usual activities, according to the suit.
Kennell is seeking special damages, general damages and pre- and post-judgment interest. He is represented by Troy N. Giatras, Matthew Stonestreet and Phillip A. Childs of The Giatras Law Firm in Charleston; and Samuel J. Rosenthal.
Putnam Circuit Court case number: 21-C-125