WILLIAMSON – A man says he was severely injured when he had to jump from a locomotive before it collided with a caboose.
Mark S. Conley filed his complaint in Mingo Circuit Court against Norfolk Southern Railway Company.
According to the complaint, Conley was working for Norfolk Southern near Williamson on January 30, 2019, when the incident occurred.
“The collision between the locomotive in which plaintiff jumped from and the caboose was due to the locomotive malfunctioning as well as plaintiff’s coworker’s remote control malfunctioning,” the complaint states.
Conley says the incident caused him to be severely and permanently injured, and he blames the carelessness and negligence of the defendant.
He says Norfolk Southern failed to furnish him with proper tools and equipment, failed to warn him of foreseeable hazardous conditions, failed to provide him with a reasonably safe place to work, failed to provide proper supervision, allowed unsafe practices to become standard practice, failed to furnish sufficient manpower to perform the task assigned and failed to properly train its employees, among other things.
Conley says he sustained severe and permanent injuries to his head, neck, back, spine, eyes, brain and body resulting in disability and disfigurement. He says it has and will cause him pain and mental anguish, and he says he has lost and will lose earnings. He also says he has had and will have medical expenses, has a diminished earning capacity, has lost a normal life and will require help around his home.
He accuses Norfolk Southern of violating both the Federal Employers’ Liability Act and te Federal Locomotive Inspection Act.
Conley is represented by Benjamin P. Tobin of Pratt & Tobin in East Alton, Illinois.
Mingo Circuit Court case number 21-C-155