Train repairman's hip and spinal injuries the result of former employers violating FELA, he says

By Nicholas Malfitano | Oct 12, 2017

PHILADELPHIA – A former locomotive repairman for a number of railway companies for more than 30 years claims his permanent injuries are the result of those same companies violating the Federal Employers Liability Act (FELA).

Mark Wharton of Patton filed suit in the Philadelphia County Court of Common Pleas on Sept. 29 versus American Premier Underwriters, Inc. (formerly known as “Penn Central Corporation”, c/o CT Corporation System) of Harrisburg, Consolidated Rail Corporation of Philadelphia and Norfolk Southern Railway Company of Norfolk, Va.

Per the lawsuit, Wharton worked in his train repair duties from March 28, 1974 to July 21, 2015 – and was allegedly injured due to the defendant’s “allocation of insufficient manpower, causing him to do his duties while squatting and kneeling and lifting heavy equipment from the ground without assistance”, which the suit says exposed him to ergonomic risk factors which the defendants failed to monitor and address. Wharton says these negligences resulted in him needing a total right hip replacement and injections to the cervical and lumbar sections of his spine.

Wharton accuses the defendants of failing to provide him with a reasonably safe place to work, failing to comply with the safety and operating rules and regulations of the defendants, failing to comply with applicable government regulations, failing to warn the plaintiffs of repetitive cumulative trauma injuries, in addition to numerous other violations. Furthermore, Wharton says these violations occurred mostly in each defendant’s respective headquarters of Philadelphia and Norfolk, Va.

For a single count of FELA violation, the plaintiff is seeking damages in excess of $50,000.

The plaintiff is represented by Laurence S. Berman, Daniel C. Levin and Luke T. Pepper of Levin Sedran & Berman, in Philadelphia.

Philadelphia County Court of Common Pleas case 170903646

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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