PHILADELPHIA – A New Jersey man and Conrail employee recently began legal action against a prominent rail transportation entity, claiming its negligence led to him being severely injured in a pair of train-related accidents.
Jared W. Simmons Sr. of Monroe, N.J. filed suit on Jan. 30 in the Philadelphia County Court of Common Pleas, versus Consolidated Rail Corporation of Philadelphia.
Regarding the first accident, the suit discussed the matter in detail.
“On or about Oct. 29, 2014, at or about 10 a.m. and for some time prior thereto, plaintiff was employed by defendant Consolidated Rail Corporation. At the aforementioned date and time, plaintiff was dismounting from a locomotive which was located on the Sayreville, N.J. running track coming out of the Riverside Company facility. As a result of the negligence of the defendant…plaintiff’s left foot slipped off the sill step of the locomotive due to the presence of oil, grease and/or other slippery substances located on the sill step, causing the plaintiff’s body to spin as he was holding onto the grab bar with his right hand, resulting in immediate pain in his right shoulder,” the suit says.
As for the second, Simmons averred further and similar violations by the defendant.
“On or about June 30, 2016, at or about 11:30 a.m. and for some time prior thereto, plaintiff was working at Conrail’s Port Reading Yard in Port Reading, N.J. At the aforementioned date and time, during the course of his railroad employment, plaintiff was required to throw a railroad switch commonly known as the lead switch. As a result of the negligence of the defendant…as plaintiff was lifting the subject switch, it suddenly and without warning abruptly stopped, causing plaintiff to experience immediate low back pain, resulting in the serious, permanent and painful injuries more particularly hereinafter set forth,” the suit continues.
Simmons adds the defendant violated the Federal Employers Liability Act (FELA), the Federal Safety Appliances Act (FSAA) and the Federal Locomotive Inspection Act (FLIA) by failing to inspect or repair the switch, and alleged to have sustained a low back injury, a right shoulder injury, cervical spondylopathy, rupture of the extensor tensions in the right shoulder, right median neuropathy at wrist level, carpal tunnel syndrome, left ulnar neuropathy, bulging discs at his C3-C6 and L4-L5 vertebrae, right anterior torn labrum and aggravation/exacerbation of pre-existing conditions.
For both counts of violating FELA, FSAA and FLIA, the plaintiff is seeking damages in excess of $50,000 each, with no submission to arbitration.
The plaintiff is represented by Robert E. Myers of Coffey Kaye Myers & Olley, in Bala Cynwyd.
Philadelphia County Court of Common Pleas case 170104095
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com