The Penn Record Jun. 13, 2016, 8:46pm


HARRISBURG – A conductor is suing a railroad transport provider alleging he was injured on the job.

Brian Fissel filed a complaint on May 18 in the U.S. District Court for the Middle District of Pennsylvania against Norfolk Southern Corp. alleging negligence.

According to the complaint, the plaintiff alleges that on Dec.17, 2014, after he noticed that the switch was lined against the move, he attempted to instruct his engineer to stop the train but the engineer did not hear his instruction, so he jumped of the moving locomotive, injuring his left ankle. The plaintiff holds Norfolk Southern Corp. responsible because the defendant allegedly failed to provide a safe place to work, failed to provide proper training, failed to remedy and/or correct the defective and dangerous condition and failed to provide adequate manpower.

The plaintiff requests a trial by jury and seeks judgment against defendant in an amount in excess of statutory arbitration limits, plus costs and interest and any further relief that the court deems appropriate. He is represented by Samuel J. Rosenthal of Barish Rosenthal in Philadelphia.

U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00921

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U.S. District Court for the Middle District of Pennsylvania Harrisburg Division
228 Walnut Street
Harrisburg, PA 17101

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