Conrail hit with personal injury claim from former employee

By Jon Campisi | Jun 17, 2011

A former Conrail employee who alleges his years of employment led to a long list of physical injuries is suing the corporate entity.

Philadelphia attorney James M. Duckworth, of the firm Keller & Goggin, P.C., filed the personal injury under the Federal Employers Liability Act June 15 at the Philadelphia Court of Common Pleas.

The complaint alleges that plaintiff Willie Key, a former employee of the defendant, the Consolidated Rail Corporation, developed repetitive stress disorders, including injuries to his knees and surrounding body parts, as a direct result of his repeated walking on “improper ballast along the railroad tracks, rights of way and other workplace areas.”

Key also developed injuries due to his “excessive workload,” which included repetitive squatting, climbing along railcars to set and release brakes, and repetitive mounting and dismounting moving railcars and engines, the lawsuit states.

“All of the above negligent acts occurred when the Defendant knew or should have known of these circumstances or their likelihood that injury was likely to occur,” the complaint alleges.

About three years ago, Key discovered that he suffered from occupationally bilateral lower extremity injuries as a result of his exposure to “occupational cumulative trauma,” the suit states.

The lawsuit accuses the defendant of negligence in failing to provide a safe work environment, failing to comply with applicable government regulations, failing to periodically test employees for physical affects of trauma, and failing to modify or eliminate certain job duties, equipment or practices so as to minimize or eliminate the trauma to which the plaintiff would be exposed.

Key’s injuries have or may necessitate surgical intervention, the suit states, and the plaintiff has already incurred various medical expenses due to his injuries.

Key has also suffered, and will continue to suffer a loss of earnings because of his injuries, the suit states.

Key demands judgment against Conrail in an amount in excess of $50,000, plus attorney fees and related court costs.

Key has demanded a jury trial. The case awaits action.

The case number is 110601153.

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