Train conductor sues rail company, alleging work-related injuries

By Kasey Schefflin-Emrich | Sep 17, 2015

A New York train conductor is suing a railroad company, alleging injuries sustained while working on a freight train.

Michael Onysko filed a lawsuit Aug. 14 in U.S. District Court for the Middle District of Pennsylvania against the Delaware and Hudson Railway Company doing business as CP Rail System, alleging violations of the Federal Safety Appliance Act and the Federal Employers' Liability Act.

According to the complaint, on Aug. 7, 2014, Onysko, a conductor for the defendant, was working on a freight car near Binghamton when a defective cross-over board/platform broke and caused him to fall off the train. The suit says the defendant failed to provide Onysko with a reasonably safe place to work by not maintaining its equipment, improperly training its car inspectors to identity and repair defective equipment, and not warning Onysko of the hazardous situation.

The civil action says Onysko suffered multiple injuries and has and will continue to endure pain, mental anguish, medical expenses, loss of earnings and an impaired ability to earn in the future.

Onysko seeks damages, court costs and other relief deemed appropriate by the court. He is represented by attorney Gerard J. Martillotti of Jerry Martillotti & Associates in Philadelphia.

U.S. District Court for the Middle District of Pennsylvania case number: 3:15-cv-01594-UN3.

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