A train conductor for the Southeastern Pennsylvania Transportation Authority who claims he sustained serious physical injuries after slipping from the back of a train three winters ago has filed a complaint against the transit agency in federal court.
In his lawsuit, which was filed by attorney Robert S. Goggin Jan. 6 at the U.S. District Court for the Eastern District of Pennsylvania, Lafayette Hill, Pa. resident Craig Baney claims that while in the capacity of his employment on Jan. 28, 2009, he sustained “severe personal injuries” after he slipped and fell while stepping off of the back of a train at about 6:45 in the evening.
As a result of the incident, Baney sustained injuries to his head, neck, back, limbs, nerves and muscles, the lawsuit claims.
Baney has also suffered a loss and impairment of earnings and earning power because of his inability to work while he recovered from his injuries, the suit states.
He also has undergone “great physical pain and mental anguish and will undergo the same for an indefinite time in the future.”
The lawsuit accuses SEPTA of negligence for allowing the conditions to exist that led to the plaintiff’s injuries.
The complaint states that it was filed at federal court because the defendants were engaged in interstate commerce at the time of the alleged incident.
The lawsuit claims violations of the Federal Employers’ Liability Act, the Federal Safety Appliance Act and the Federal Boiler Inspection Act.
Baney demands judgment against the defendant in a sum in excess of $175,000.
The federal case number is 2:12-cv-00067-ER.