CHARLESTON — A South Charleston man is suing CSX Transportation claiming it violated the Federal Employers' Liability Act.
CSX employed Christopher L. Hill and on June 8, 2020, while working as a conductor, he went to set the handbrake of a tank car when he felt it catch, according to a complaint filed in Kanawha Circuit Court.
Hill claims he heard a pop and felt immediate pain in his right shoulder when turning the hand break and was injured.
The defendant negligently, recklessly and carelessly failed to provide the plaintiff with a reasonably safe place to work, according to the suit.
Hill claims the defendant also negligently, recklessly and carelessly failed to provide safe and properly functioning tools and equipment and failed to properly inspect, repair, replace and maintain its tools and equipment.
"In creating or permitting the circumstances that caused the incident...CSX Transportation Inc. failed to comply with the provisions and requirements of the Federal Employers' Liability Act..." the complaint states.
Hill claims as a result of the safety regulation violation, he sustained a significant personal injury; suffered physical pain, discomfort and mental anguish; incurred substantial expenses for medical care; and missed time and lost earnings and benefits from his employment.
Hill is seeking compensatory damages. He is represented by Willard J. Moody Jr. and Michael R. Davis of The Moody Law Firm in Portsmouth, Va.
In its answer, CSX argues that Hill's injuries were the result of him choosing a dangerous or risky course of action and that his injuries and damages were caused by pre-existing conditions or other contributory or concurrent conditions or factors.
"Defendant states that Plaintiff's alleged injuries were contributed to by his own negligence," the answer states.
CSX is represented by James W. Turner and Jessica L. duDomaine of Steptoe & Johnson in Huntington.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 22-C-477
