Amtrak employee sues railroad agency over work-related injury suffered at rail yard

Jon Campisi Apr. 24, 2012, 7:03am

An Amtrak employee who claims he was injured after twisting his left knee during an incident at the railroad agency’s Lancaster, Pa. station is suing his employer in state court.

Scott Willey, who resides in Denver, Lancaster County, claims in his lawsuit that his injuries, which he allegedly suffered on Dec. 20, 2010 during the course of his employment, were the direct result of “tight clearances, [and] poor and hazardous uneven unstable walking conditions.”

The complaint, filed at Philadelphia’s Common Pleas Court April 19 by Philadelphia attorney Steven M. Lafferty, states that the Lancaster Amtrak yard was under construction at the time of the incident and the trailer to which Willey was traveling had recently been moved to another area at the station.

According to the complaint, a contractor hired by Amtrak had been hired to perform excavation work relating to the insulation of a new fire hydrant system at the Lancaster train station.

As part of its duty under the Federal Employers’ Liability Act, the suit states, Amtrak was responsible for providing employees with a safe work environment.

“Amtrak had an affirmative obligation to inspect all property to which it exposed its employees, to discover unsafe conditions, to protect its employees from those conditions, and to warn its employers [sic] of any dangerous or hazardous conditions,” the lawsuit states.

Willey’s complaint accuses the railroad agency of failing to keep a safe path for employees at the railroad yard, failing to offer the plaintiff a safe place to work, failing to warn the plaintiff of any unsafe conditions, failing to comply with governmental regulations, and failing to discover and remedy the dangerous condition.

As a result of the incident, Willey has suffered “permanent and disabling injuries,” a shock to his nervous system, pre-existing condition aggravation and great physical pain and mental distress.

Willey claims he has also had to spend large sums of money on medical attention to treat his injuries.

He has also suffered income loss due to his inability to work, he has suffered humiliation and disfigurement and he has suffered a limitation and restriction on his usual activities, pursuits and pleasures, the lawsuit claims.

Willey demands judgment in excess of $50,000 in compensatory damages, along with interest and other court costs.

A jury trial has been demanded.


The case ID number is 120402223. 

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