Former AMTRAK employee claims injuries from transporting heavy passenger

Jon Campisi Aug. 25, 2011, 12:07pm

A former AMTRAK employee who alleges he sustained serious physical injuries after being instructed to transport a 400-pound wheelchair bound passenger from a bus to a train car is suing his former employer in federal court.

Bala Cynwyd, Pa. lawyer Mitchell A. Kaye, of the firm Coffey Kaye Myers & Olley, filed the personal injury lawsuit Aug. 23 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of Florida resident Peter A. Ramirez.

The defendant named in the lawsuit is the National Railroad Passenger Corporation, which is the formal name for AMTRAK.

According to the complaint, Ramirez was working at the Orlando AMTRAK station on Oct. 5, 2010, when he was instructed to help transfer the wheelchair bound customer from a bus to train.

The passenger was placed on a manual lift using a sling, and the plaintiff was required to lower the lift by using a crank.

While performing the procedure, the lawsuit states, Ramirez immediately experienced pain in his back and went on to sustain serious bodily injuries.

The lawsuit, which accuses AMTRAK of negligence for allowing its employees to engage in a dangerous act, claims that Ramirez sustained various physical injuries, including, but not limited to, back, leg and hip injuries, lumbosacral strain, spondylosis, gluteal tendinopathy, and muscle spasms and tenderness.

The suit claims Ramirez has had to expend large sums of money on medical treatment, and that he has also experienced a loss of earning power due to his inability to work because of his physical injuries and “mental anguish.”

Ramirez demands judgment against the defendant in a sum in excess of $150,000.

A jury trial has been demanded.

The federal case number is 2:11-cv-05346-ER.

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