ERIE – A Tyron man alleges he was injured while working for a railroad company because he was assigned to do a task by himself that normally was completed by multiple people.
Roy Fabris filed a complaint on July 19 in the U.S. District Court for the Western District of Pennsylvania against Norfolk Southern Railway Co. alleging violation of the Federal Rail Safety Act and the Federal Employers' Liability Act.
According to the complaint, the plaintiff was employed as a railroad technician at the defendant's location in Altoona. He alleges on Aug. 15, 2015, he sustained a torn rotator cuff while installing a HVC cabinet by himself, a task normally completed by more than one worker but he was not provided assistance.
The plaintiff holds Norfolk Southern Railway Co. responsible because the defendant allegedly failed to provide its workers with a safer means to install and manipulate cable leads and ordered the plaintiff to install the cabinet by himself.
The plaintiff requests a trial by jury and seeks judgment against the defendant, compensatory damages, punitive damages, special damages, court costs and any further relief this court grants. He is represented by Deborah K. Marcuse of Feinstein Doyle Payne & Kravec LLC in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case number 3:17-cv-00134-KRG