HARRISBURG — A railroad conductor's lawsuit says he suffers repetitive stress injuries that are a result of his employer's negligence and failure to provide safe ergonomic conditions.
Larksville resident Paul Leshinski is Delaware and Hudson Railway Company Inc., doing business as CP Rail System, citing alleged breach of duty and negligence. Leshinski's suit, filed April 11 in the U.S. District Court for the Middle District of Pennsylvania, says the defendant violated the Federal Employer's Liability Act and Federal Safety Appliance Act.
According to the complaint, the plaintiff alleges that he has suffered repetitive traumas to his upper and lower extremities by being exposed him to an environment in which he would have to walk on uneven ground, among other claims. As a result, he claims, he will continue to suffer aggravation of medical condition, severe loss of earnings and impairment of his future earning capacity. The plaintiff holds the defendant responsible because the defendant allegedly failed to provide a safe place to work, failed to provide sufficient manpower, failed to provide proper equipment, failed to warn that continued exposure to unsafe working condition could result in a repetitive stress disorder and negligently required him to perform work that was unsafe and should have been performed with machines and equipment.
The plaintiff requests a trial by jury and seeks judgment against defendant for a sum in excess of $150,000, plus costs and interest. He is represented by Gerald J. Martillotti of Jerry Martillotti & Associates in Philadelphia.
U.S. District Court for the Middle District of Pennsylvania Case number 3:16-cv-00603