Conrail employee files personal injury claim over work-related trauma

Jon Campisi Aug. 31, 2011, 3:05pm

An Ohio man who has worked for the Consolidated Rail Corporation since the mid 1970s has filed suit against the company, alleging years of hard labor led him to develop various physical injuries.

Philadelphia attorney Don P. Palermo, of the law firm Hannon & Palermo, P.C., filed the personal injury lawsuit Aug. 26 at the Philadelphia Court of Common Pleas on behalf of Dana Sanders of Galion, OH.

In addition to Conrail, the other defendant named in the lawsuit is Erie, Pa.-based CSX Transportation, Inc.

According to the complaint, Sanders, who since 1974 worked for the Consolidated Rail Corporation as a trackman, vehicle operator, machine operator and welder, sustained various bodily injuries throughout his working career.

Specifically, Sanders alleges that the constant bending, lifting, climbing, standing, and walking on uneven or un-level ballast caused him to develop cumulative knee problems.

Less than three years before the lawsuit was filed, Sanders discovered that he suffered from the occupational injuries, which have required him to undergo left knee meniscus surgery, the complaint alleges.

The lawsuit, which alleges violations of the Federal Employers’ Liability Act, accuses the defendants of negligence for failing to provide Sanders with a  “timely and adequate ergonomics program to prevent repetitive trauma to his knees;” failing to periodically test employees like Sanders for the effects of knee trauma; failing to warn Sanders and others of the risk posed by the work they engaged in; failing to provide the proper protective equipment that could help cut down on potential knee trauma; and “negligently failing to use due care and caution required under the circumstances.”

“As a result of the Defendant’s negligence … the plaintiff has sustained pain, suffering, inconvenience and a loss of enjoyment of life past, present and future,” the lawsuit states.

Sanders demands judgment against the defendants in a sum in excess of $50,000.

A jury trial has been demanded.

The case number is 110803859.

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