PHILADELPHIA – An Amtrak building manager claims the company violated the Federal Employers Liability Act (FELA) on two occasions in the past three years, when he suffered two injuries in the course of his employment and/or tenure with the company.
Paul Roddy of Baltimore, Md. filed suit in the Philadelphia County Court of Common Pleas on July 17 versus National Railroad Passenger Corporation of Philadelphia.
Roddy went on to describe the first incident in detail.
“On July 29, 2014, Mr. Roddy was acting in furtherance of his employment as building manager at Amtrak’s 30th Street Station, located at 2955 Market Street, in Philadelphia, Pennsylvania, 19104. Plaintiff was walking up the stairs in the retail trash compactor area near the loading dock, on the engine house side of the building. Plaintiff started walking up the stairs, while holding onto the railing, when, due to an accumulation of oil and grease on the stainless-steel nosing, plaintiff’s right foot suddenly slipped off the step and out from under him, causing plaintiff to fall to the ground and strike his right arm, and immediately feel a severe and debilitating pain,” the suit states.
“As a result of the incident, Mr. Roddy sustained ulnar neuropathy in his right elbow, requiring plaintiff to undergo physical therapy and ulnar decompression surgery associated with post-operative therapy,” the suit adds.
Then, Roddy discussed the second time he sustained injuries in the course of his time with Amtrak.
“On June 17, 2016, plaintiff was a passenger on an Amtrak train, traveling from Philadelphia to Baltimore, on his way home from work – transportation provided by his employer, Amtrak. When plaintiff boarded the train, the conductor came by to take plaintiff’s ticket. Sometime after the train stopped in Wilmington, Del., a skateboard that had been placed in the overhead luggage rack, rolled out of the open luggage rack and struck plaintiff in the head, causing him to immediately lose consciousness,” the suit says.
“As a result of the incident, plaintiff suffered closed head injury, traumatic brain injury, memory loss, neurotrauma, concussion, post-concussive syndrome, difficulty thinking, speaking, walking and/or using his arms or legs, headaches as well as other neurological injuries, all requiring significant medical treatment,” the suit continues.
Per the litigation, Amtrak violated FELA by failure to protect the plaintiff from the aforementioned dangerous conditions which led to his injuries, among other charges.
For both alleged violations of the Federal Employers Liability Act, the plaintiff is seeking damages in excess of $50,000, plus interest, costs and any other amount the Court deems fit to award.
The plaintiff is represented by James J. McEldrew III and Ian M. Bryson of McEldrew Young, in Philadelphia.
Philadelphia County Court of Common Pleas case 170701373
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com